Employee and Employer Contribution Division
Employee contributions are typically 100% vested—whatever the participant contributed is theirs. However, employer contributions often vest over time. Here’s what to know:
- Only vested portions of employer contributions can be assigned to an ex-spouse (Alternate Payee).
- If the plan uses a graded or cliff vesting schedule, amounts allocated but unvested can be forfeited if the participant isn’t fully vested at the date of division.
- The division date (cutoff date) must be clearly defined in the QDRO—such as the date of separation, date of divorce, or a specific valuation date.

