Vesting Schedules and Employer Contributions
One of the first things to determine is how much of the account is vested. Employer contributions may follow a graded or cliff vesting schedule. Only the vested portion is divisible by QDRO—any unvested amounts typically revert to the company if the employee leaves before meeting the vesting requirements.
Be careful to specify in the QDRO whether you’re splitting the account based on the entire balance or just the vested portion. You can usually determine vesting by reviewing the participant’s most recent plan statement or contacting the plan administrator.

