Employee and Employer Contributions
The plan likely contains both employee deferrals and employer contributions. Employee contributions are usually 100% vested from day one, while employer contributions may be subject to a schedule. A QDRO should clearly identify whether the division includes both types of contributions and whether forfeitures apply to any unvested employer amounts.
If your divorce is occurring before all of the employer’s contributions have vested, an experienced QDRO attorney can help you avoid costly mistakes when assigning amounts that may not yet legally belong to the participant.

