Employee vs. Employer Contributions
Employee deferrals are almost always 100% vested. Employer contributions, on the other hand, are often subject to a vesting schedule. If your QDRO awards part of the account to the alternate payee (non-employee spouse), you must specify whether you’re including only the vested portion or accounting for additional benefits that will vest after the divorce.
Failing to clarify this can result in delays or denial of the QDRO by the plan administrator. Be sure your QDRO states explicitly whether the award includes:
- Just the participant’s contributions (always vested)
- Employer match or profit-sharing contributions, and if so, whether it includes unvested amounts as of the date of division

