1. Employee and Employer Contributions
Employee contributions (money the participant put in) are always 100% fully vested, meaning they can be divided without issue. However, employer contributions may be subject to a vesting schedule.
- If the employee isn’t fully vested, the unvested portion may be forfeited.
- Your QDRO should specify that only vested employer contributions are divisible.
It’s smart to request a current benefit statement to see the breakdown of employee vs. employer contributions and their vesting status.

