1. Employee and Employer Contributions
Employee contributions are always 100% vested, meaning they belong to the participant outright. Employer contributions, however, may be subject to a vesting schedule. In a divorce, only the vested portion of the account is divisible through a QDRO.
If your QDRO unintentionally awards part of an unvested employer contribution, the alternate payee may end up with nothing. That’s why we make sure your QDRO clearly defines whether the division applies only to vested funds or includes unvested amounts that may later become vested.

