Employee Contributions
These are immediately 100% vested since they’re deducted from the employee’s paycheck. In other words, all employee contributions made during the marriage are subject to division under the QDRO unless otherwise agreed.
Employer Contributions and Vesting
Unlike employee contributions, employer matching or profit-sharing contributions may follow a vesting schedule. If the participant is not fully vested, only the vested portion of employer contributions can be divided. The QDRO must reflect the vesting status at the time of divorce or QDRO approval.
If a QDRO mistakenly awards unvested funds, it will likely be rejected by the plan administrator. It is critical that the QDRO includes accurate language about vested and non-vested portions.