1. Employee vs. Employer Contributions
Employee contributions are immediately vested, meaning the employee (or alternate payee) owns them right away. Employer contributions, however, may be subject to a vesting schedule. If the participant hasn’t met the required service time, a portion of employer contributions may be forfeited and not available for division.
The QDRO should clearly state whether the alternate payee is entitled to only the vested portion of the balance, or if future vesting is considered.

