1. Contributions: Employee vs. Employer
The participant (employee spouse) contributes a portion of their paycheck into the plan. The employer often matches a portion of these contributions. While employee contributions are typically 100% vested immediately, employer contributions may be subject to a vesting schedule.
A QDRO can award all or part of the employee’s vested account balance to the alternate payee. However, any non-vested employer contributions may be forfeited if the employee leaves the company before reaching required tenure milestones. That’s why it’s essential to determine how much of the employer contributions are vested at the date of division.

