Dividing Employee and Employer Contributions
Most participants have two types of contributions: their own (employee) contributions and the company’s (employer) matching contributions. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule. It’s crucial to determine whether the participant has met the vesting requirements before dividing the account.
If unvested employer contributions are included in the divorce order, they may later be forfeited, leaving the alternate payee (usually the ex-spouse) without those funds. Always request a vesting schedule and participant statement before drafting the QDRO.

