1. Employee vs. Employer Contributions
Most plans have two components:
- Employee Contributions: These are usually 100% vested and accessible to divide through the QDRO.
- Employer Contributions: These may be subject to a vesting schedule, which determines how much of the employer’s contributions the employee actually owns at a given time
If the participant is not fully vested, the alternate payee may only be entitled to a portion of those funds—or none at all—depending on the divorce terms and plan rules. Make sure the QDRO clearly describes whether to divide only the vested amount or anticipate future vesting.

