Employee and Employer Contributions
In most cases, a spouse is entitled to a portion of both employee and employer contributions accumulated during the marriage. However, employer contributions may be subject to a vesting schedule. Any unvested portion may be forfeited and is not eligible for division unless the plan participant remains with the company long enough to become vested before the QDRO is executed.
It’s important to account for the vesting status as of the date of separation or division. The QDRO can limit division to vested amounts only or include unvested amounts with a warning of possible forfeiture.

