1. Employee and Employer Contributions
This plan likely includes both employee contributions (which are always 100% vested) and employer contributions (which may be subject to vesting schedules). When writing the QDRO, it’s important to note:
- Only vested employer contributions are divisible
- Unvested portions generally remain with the participant
- Separating contributions by source ensures fairness and accuracy
If the participant is mid-career, careful attention must be paid to what portion of the employer match is vested as of the divorce cutoff date (usually the separation or judgment date).

