1. Employee and Employer Contributions
One of the biggest mistakes we see is assuming all funds in the account are equally divisible. That’s not always the case.
- Employee contributions: These are usually 100% vested and available for division.
- Employer contributions: These may be subject to a vesting schedule. Only the vested portion is typically available for division at the time of divorce.
A good QDRO will make clear whether the division applies to total account balance, just vested portions, or employee contributions only. You should confirm current vesting status with the plan administrator before finalizing your QDRO.

