1. Employee vs. Employer Contributions
Employee contributions are typically 100% vested—that means they automatically belong to the employee (or participant) and can be split with the ex-spouse. But employer contributions may be subject to a vesting schedule. If the employee isn’t fully vested, the non-vested portion may be forfeited and not available for division, depending on the divorce date and plan terms.
- Make sure your QDRO specifies whether employer contributions are included.
- Check with the plan administrator on current vesting percentages.

