1. Employee and Employer Contributions
The plan likely includes both employee salary deferrals and employer matches or profit-sharing contributions. While employee contributions are usually 100% vested, employer-funded amounts may be subject to a vesting schedule.
If the employee isn’t fully vested in employer contributions, the former spouse may only be entitled to the vested portion. It’s crucial that your QDRO accurately reflects this, or one party could lose out on funds—or mistakenly assume they’re getting more than the plan permits.

