Dividing Employee and Employer Contributions
Employee contributions are generally 100% vested immediately, which means they are fully subject to division in divorce. Employer contributions, on the other hand, often follow a vesting schedule. If your spouse hasn’t worked at the company long, part of the employer contribution balance may be unvested and cannot be divided.
We recommend stating clearly in your QDRO whether the alternate payee is entitled to a share of employer contributions that vest after the divorce. This decision is often negotiated between the parties.

