Employee vs. Employer Contributions
Participant contributions are almost always fully vested, but employer contributions may be subject to a vesting schedule. If the participant hasn’t met the length-of-service requirement, the alternate payee may be awarded a portion of the employer’s contributions that are not yet vested—and those amounts could be forfeited later.
Best practice is to include detailed QDRO language clarifying:
- Whether the alternate payee receives both employee and employer contributions
- What happens to unvested amounts (e.g., are they excluded from the split or reallocated upon future vesting?)

