Employee vs. Employer Contributions
Contributions made directly by the employee are generally fully vested and available for division. Employer contributions, however, may be subject to a vesting schedule. This means that only the vested portion—typically based on years of service—can be awarded to the alternate payee (the spouse receiving a share).
In drafting the QDRO, it’s important to clarify that only vested amounts as of the date of division are to be allocated. If not clearly stated, disputes could arise later, or worse, the administrator might reject the order.

