Employee and Employer Contributions
Employee contributions (the amounts the participant contributed while working) are always 100% vested and can be divided. But employer contributions may be subject to a vesting schedule. This means some or all employer contributions may be forfeited if the participant hasn’t met certain service requirements.
In your QDRO, you’ll need language that clearly defines:
- What contributions are included (employee, employer, or both)
- Whether just vested amounts are to be divided, or all amounts as of a certain date
- How forfeitures for unvested employer contributions should be handled

