1. Vesting Schedules on Employer Contributions
This plan likely includes a mix of employee and employer contributions. The employee’s part is always 100% vested. But the employer’s contributions may be subject to a vesting schedule, meaning the participant must work at the company a certain number of years before they “own” those funds.
In a divorce, only the vested portion of employer contributions can be awarded to the alternate payee. The QDRO must clearly identify whether it applies to just vested funds at the time of divorce or includes the possibility of future vesting. Be careful with this—plan administrators will reject vague or ambiguous orders.

