Employee and Employer Contributions
This type of retirement plan often contains contributions made by both the employee and the employer. Contributions from the employee are typically immediately “vested,” meaning they belong 100% to the employee. Employer contributions, however, may be subject to a vesting schedule. If your spouse hasn’t worked long enough, unvested employer contributions could be forfeited upon termination or divorce.
A QDRO must carefully define which portions of the account are being divided—just the vested balance as of the date of divorce, or some other specific period. If the order attempts to divide amounts that are not yet vested, it may be rejected or ultimately unenforceable.

