Employee vs. Employer Contributions
In most cases, the employee’s own contributions are 100% vested and can be divided fully per the QDRO. However, employer contributions may be subject to a vesting schedule—which can dramatically affect what a former spouse is entitled to.
- If the participant isn’t fully vested, the alternate payee may only receive a portion of the employer contributions.
- A QDRO should also address whether forfeited amounts should be returned if the participant later becomes vested.
Be sure to obtain a recent participant statement and the Summary Plan Description (SPD) to get clarity on the plan’s vesting rules.

