Employee and Employer Contributions
Employee contributions are always fully vested and easily divided in a QDRO. However, matching or employer contributions may be subject to a vesting schedule. If your spouse is not fully vested at the time of the divorce, some employer funds may be forfeited, meaning they won’t be divisible.
We often recommend language in the QDRO that allocates only the “vested” portion of the account to avoid complications. It’s also critical to identify the specific valuation date that reflects the marital portion of the plan.

