1. Dividing Employee and Employer Contributions
Typically, the employee’s contributions are fully vested and available for division. Employer contributions, on the other hand, may be subject to a vesting schedule. This means only a portion may be considered the employee’s property at the time of divorce.
For example, if the participant is 60% vested, only that percentage of employer contributions is available to divide. A QDRO must reflect this clearly so that the alternate payee doesn’t claim more than what is actually available under the plan rules.

