Employee vs. Employer Contributions
Participant contributions from paychecks are often fully vested immediately. However, employer matching or discretionary contributions usually follow a vesting schedule. That means only a portion of those benefits may be available for division depending on the years of service completed by the employee.
In divorces, we often draft QDROs that limit the alternate payee’s share to only the vested balance as of the date of divorce. Make sure you find out from the plan administrator exactly what amounts were vested on the relevant date.

