Employee and Employer Contributions
The plan likely includes both employee deferrals and employer matching or discretionary contributions. Contributions made by employees are always 100% vested. Employer contributions, however, are often subject to vesting schedules. It’s crucial to determine:
- What portion of employer contributions is vested as of the date of division
- How unvested amounts will be handled—typically, they are not awarded to the non-employee spouse
In your QDRO, make sure to clearly distinguish between vested and unvested shares, as missteps here can lead to disputes or rejected orders.

