Employee vs. Employer Contributions
The account at issue may have several kinds of balances. These might include:
- Employee contributions: These are normally 100% vested and available for division.
- Employer contributions: These often have vesting schedules. An unvested portion may be forfeited following job termination, and that can impact the alternate payee’s share.
a well-written QDRO should specify what happens if a balance becomes unavailable due to forfeiture, so neither party is left guessing.

