1. Employee vs. Employer Contributions
Employee contributions are always 100% vested and eligible for division. The employer match may be subject to a vesting schedule. If the employee isn’t fully vested at the time of divorce, some of that matching money may be forfeited.
This matters because a QDRO cannot assign funds that don’t exist yet—even if the divorce judgment tries to. We work with plan administrators to determine what portion of the employer match is available to transfer.

