Employee vs. Employer Contributions
Employee contributions—those deducted from paychecks—are typically 100% vested immediately. That means they’re eligible for division. However, employer contributions (especially matching or profit-sharing contributions) may be subject to a vesting schedule. If the employee spouse hasn’t worked long enough, some of those amounts could be forfeitable and not divideable via QDRO.
For instance:
- If the plan has a 6-year graded vesting schedule and the employee spouse has only worked for 3 years, they may only be 40% vested in employer contributions.
- Your QDRO needs to specify how to handle non-vested funds—do they go to the employee spouse or remain unallocated?

