1. Employee and Employer Contributions
Employee contributions—what the participant voluntarily set aside—are always 100% vested. These are generally simple to divide. Employer contributions, however, might be subject to a vesting schedule, meaning the employee only earns the right to those contributions over time. The QDRO must specify whether the alternate payee will receive only the vested portion or if the non-vested amounts at the time of divorce will be included once vested.

