Employee and Employer Contributions
Employee contributions are always 100% vested since they’re deducted from the participant’s paycheck. But employer contributions may be subject to a vesting schedule. That means only a portion may be divisible, depending on the participant’s years of service.
When drafting the QDRO, be cautious about referencing “one-half of the account” without defining what’s subject to division. If you say “the entire account,” and include unvested employer funds, the plan administrator may reject the order. Working with a QDRO attorney helps prevent these mistakes from the start.

