1. Employee and Employer Contributions
Employee contributions are typically always 100% vested and available for division. However, employer contributions can be subject to a vesting schedule based on how long the employee has worked for the company. If the participant leaves before becoming fully vested, some employer contributions may be forfeited.
When dividing the account, it’s important to specify whether the QDRO applies only to vested amounts or includes a share of future vesting if the employee remains employed. We often recommend language that preserves the alternate payee’s entitlement to future vesting when appropriate.

