1. Employee and Employer Contributions
This plan likely includes both employee deferrals and employer matching or profit-sharing contributions. Employee contributions are always 100% vested, but employer contributions often follow a vesting schedule. In your QDRO, it’s important to clarify:
- Whether the alternate payee will receive a portion of just the vested balance or also the unvested portion
- How forfeited amounts (if the employee quits or is fired) will be handled
If you’re the alternate payee, don’t assume you’re entitled to every dollar in the account. Check whether the spouse was fully vested at the time of divorce.

