Employee and Employer Contributions
While employee contributions are always 100% vested, employer contributions might follow a vesting schedule. For example, matching contributions might only become fully owned after several years of service. If the divorce happens before those years are met, the unvested portion may revert back to the employer and not be includable in the QDRO division.
It’s critical to:
- Request a vesting schedule from the plan administrator
- Confirm the participant’s current vested percentage
- Specify in the QDRO that only vested funds are divisible

