Employee and Employer Contributions
Employee contributions are usually fully vested. You are entitled to your portion of those if earned during the marriage. Employer contributions, however, may vest over time. If some or all of those contributions are unvested as of the date of divorce or QDRO division, the non-employee spouse may lose access to them.
It’s crucial to include language in the QDRO that addresses vesting explicitly and clearly defines how to divide employer contributions, including whether division happens at the time of divorce or distribution.

