Employee vs. Employer Contributions
One of the first questions we address is which parts of the account are eligible to be divided. Most employee contributions are always 100% vested and available for division. However, employer contributions (if any) may be subject to a vesting schedule.
If the employee is not fully vested at the date of divorce or the date used in the QDRO, the non-vested portion may be forfeited unless the employee continues working and vests more over time. You’ll need to clearly define which contributions are included in the QDRO amount.

