1. Employee and Employer Contributions
The participant’s own salary deferrals (employee contributions) are always 100% vested. However, employer contributions (profit-sharing or match) may be subject to a vesting schedule. If a QDRO is ordered before the participant is fully vested, the alternate payee may not be entitled to all of the intended amount.
For accurate division, the QDRO should separately account for the vested and unvested amounts as of the valuation/formula date. A strong QDRO can specify what happens if unvested funds later become vested—either award them to the participant or reserve the right for the alternate payee.

