Employee vs. Employer Contributions
Employee contributions are typically 100% vested from day one. However, employer contributions may have a vesting schedule. If your spouse worked for only a short time, some of the employer contributions might not yet be vested, and therefore not divisible. The QDRO should clearly state whether it includes only vested amounts or attempts to include future vesting. Most plans, including the Ehe Health Tax Deferred Employees Savings Program and 401(k), only allow the division of vested funds as of the date of divorce or QDRO entry.

