Employee and Employer Contribution Divisions
Contributions made by the employee during the marriage are generally subject to division. Employer contributions may or may not be fully vested, depending on the plan’s rules. If some of the employer contributions are unvested at the time of divorce, they may be forfeited unless the employee stays with the plan sponsor long enough for full vesting.
It’s crucial to clarify in the QDRO whether the alternate payee is awarded a portion of just the vested balance or the total account balance as of a defined date. The language must reflect exactly what the divorce agreement intended.

