Employer Contributions and Vesting Schedules
This plan likely includes both employee (voluntary) and employer (matching or profit-sharing) contributions. A QDRO must clarify which portions of the account are being divided.
Importantly, only the vested portion of employer contributions is subject to division. Vested means the employee has earned the employer’s contributions by meeting service requirements. For example, if the employee is only 60% vested, the non-vested portion would typically be forfeited if the employee leaves the company. A good QDRO will define whether the alternate payee is entitled to only the vested amount as of the divorce date or the date the QDRO is implemented.

