1. Dividing Employee Contributions vs. Employer Contributions
Employee contributions are generally fully vested and available for division. Employer contributions, however, may be subject to a vesting schedule. If the employee spouse isn’t fully vested, a portion of the employer’s contributions may not be available for division. A properly drafted QDRO will spell out exactly what the alternate payee is entitled to—often “50% of the marital portion,” or a similar formula.
If an employer’s contributions haven’t vested, they simply won’t be paid out. It’s also important to clarify in the order whether forfeited amounts should be excluded or conditionally included if they later vest.

