Employee vs. Employer Contributions
Employee contributions are typically 100% vested, meaning they belong exclusively to the participant from day one. These amounts can be divided equally or in any other agreed-upon proportion. Employer contributions, however, often come with vesting schedules. If the employee hasn’t met the time requirement, some or all employer contributions may be forfeitable.
A proper QDRO should make it clear whether the alternate payee (usually the non-employee spouse) shares only vested contributions or if unvested portions as of the QDRO date are included. At PeacockQDROs, we often recommend tying division to the vested balance as of the separation date to avoid problems if the participant becomes more vested after divorce.

