Employee vs. Employer Contributions
One of the first things to determine is whether you’re dividing just employee contributions (the portion the participant contributed) or if you’re also dividing employer contributions (matches or profit-sharing).
- Employee contributions are generally 100% vested immediately.
- Employer contributions may be subject to a vesting schedule. Unvested amounts are not transferable to the alternate payee.
In drafting the QDRO, PeacockQDROs ensures that language addresses this distinction clearly, potentially reserving rights to future vesting if applicable.

