Employee vs. Employer Contributions
The employee’s own salary deferrals are typically 100% vested and available for division. However, employer-matched contributions might be subject to a vesting schedule. If you’re dividing this plan, the QDRO must clarify:
- Whether employer contributions are included
- The vesting schedule and whether unvested amounts will be excluded
- Whether only the vested balance as of the date of divorce is being divided, or future vesting is considered

