Employee and Employer Contributions
The participant’s own contributions (and their earnings) are always considered 100% vested. These are easily divisible by QDRO. However, employer contributions are often subject to a vesting schedule. If the participant hasn’t worked long enough to be fully vested, part of the employer’s contributions may not be available for division—they would be forfeited if the employee left the company before full vesting.
Make sure your QDRO only awards the alternate payee the vested portion. Awarding unvested amounts can lead to delays and unnecessary legal costs.

