Employee vs. Employer Contributions
Contributions typically come from two sources: the employee and the employer. While employee contributions are always 100% vested, employer contributions often follow a vesting schedule.
- Vested contributions can be divided through the QDRO.
- Unvested contributions are not usually available to the Alternate Payee unless they vest by a specific date.
- Forfeited amounts due to lack of vesting may not be recoverable, so timing matters during divorce.
We help you craft QDRO language that ensures clear identification of which portions of the account (vested or not) the Alternate Payee is entitled to.

