Employee and Employer Contributions
The employee’s personal contributions are straightforward—they’re fully vested and available for division. Employer contributions, however, may be subject to a vesting schedule. That means only a portion of those funds may be available depending on the employee’s length of service at the time of divorce.
A good QDRO will specify whether the alternate payee receives only the vested portion, or if a deferred share (distributed only if and when amounts vest in the future) is appropriate. Not knowing the participant’s vesting status can lead to overestimating the alternate payee’s share.

