1. Employee and Employer Contributions
Employee contributions are fully owned by the participant because they were deducted from salary and deposited into the plan. But employer contributions—such as a match or profit-sharing—may be subject to a vesting schedule. If the participant is not fully vested at the time of divorce, the unvested portion may not be available to divide.
It’s important to define the valuation date (usually the date of divorce or date of separation) and include language clearly stating how unvested amounts should be handled. If you fail to address this correctly in your QDRO, you may accidentally exclude significant portions of the account—or include amounts that later are forfeited and never paid out.

