Employee vs. Employer Contributions
Employee contributions are usually 100% vested immediately, which means the participant always owns that portion. Employer contributions, however, may be subject to a vesting schedule. For example, a participant might only be 60% vested after three years of service. That means only 60% of the employer-funded portion is actually available for division in a QDRO.
It’s important to understand what is vested and what isn’t. We often recommend that the order specify whether the alternate payee receives only vested amounts or includes any future vesting based on duration of service as of a specific cut-off date.

