1. Contributions and Vesting
There are typically two types of contributions: employee deferrals (which are always 100% vested) and employer contributions (which are often subject to a vesting schedule). It’s important to understand:
- The portion of employer contributions that is vested as of the cutoff date (usually the date of divorce or separation).
- Any unvested funds that may be forfeited and therefore not available to the alternate payee.
In the QDRO, we only divide the vested balance as of the cutoff date, unless otherwise agreed. Be cautious: some plans don’t reallocate forfeitures automatically, which can cause disputes after the QDRO is processed.

