Employee and Employer Contributions
Employee contributions are usually 100% vested from day one since they come directly from the participant’s paycheck. The more complicated issue is employer matching or discretionary contributions. These often follow a vesting schedule. That means a portion of the employer’s contributions may be forfeited based on the participant’s length of service at the time of divorce.
When drafting the QDRO, it’s essential to:
- Clarify whether the award includes just the vested portion or all employer contributions
- Account for any service-based vesting schedules
- Direct the plan administrator to exclude forfeited, non-vested employer funds

