Employee vs. Employer Contributions
In a divorce, only vested amounts can be divided. Contributions made by the employee (voluntary deferrals) are 100% vested immediately. However, employer matching or profit-sharing contributions may be subject to a vesting schedule.
If the employee participant is not fully vested at the time of division, the alternate payee (usually the ex-spouse) is limited to the vested portion. A well-drafted QDRO must clearly define whether only vested amounts are divided, or whether a percentage applies to both vested and unvested balances (subject to forfeiture).

