1. Employee vs. Employer Contributions
Employee contributions are usually 100% vested from the start, while employer contributions may have a vesting schedule. This means the participant may not own all of the employer match earned during the marriage. For QDRO purposes:
- Only vested employer contributions can be divided.
- Unvested amounts typically return to the plan if the participant leaves early or fails to meet service requirements.
- The QDRO should clearly specify whether it includes only employee contributions, vested employer contributions, or both.

