1. Employee vs. Employer Contributions
Employee contributions are always 100% vested, which means they can be divided regardless of when they were earned during the marriage. Employer contributions, on the other hand, are often subject to a vesting schedule. We commonly see graded schedules like 20% vesting per year, with full vesting by year five or six. Any unvested employer contributions revert to the company if the employee leaves before vesting.
Key takeaway: The QDRO should clearly state that only vested employer contributions are subject to division. If this isn’t addressed precisely, it invites rejection issues—or worse, miscalculations that lead to legal conflicts down the line.

