Employee and Employer Contributions
This plan likely includes both:
- Employee Contributions: These are always 100% vested and can be divided by the QDRO without issue.
- Employer Contributions: These may be subject to a vesting schedule. Only vested amounts at the time of divorce are divisible through the QDRO. Unvested funds usually remain with the employee-spouse unless otherwise agreed.
Make sure the QDRO explicitly states whether only vested amounts are to be included. You should also time the valuation date carefully to capture the correct contribution status.

