1. Employee vs. Employer Contributions
This plan likely includes both types of contributions. Employee contributions are always 100% vested, but employer contributions may be subject to a vesting schedule.
When drafting your QDRO, be clear about whether the alternate payee is receiving:
- A share of the total account (including unvested amounts)
- Only the vested portion
- A fixed dollar amount or percentage
Failing to account for vesting schedules can result in disputes. If the employee is not fully vested at the time of divorce, any portion attributed to unvested employer contributions could be lost if not handled properly.

