1. Employee vs. Employer Contributions
This plan likely includes both employee (participant) and employer contributions. Employee contributions are usually entirely vested and easy to divide. However, employer contributions may be subject to a vesting schedule that delays full ownership until a certain number of years is met. This means that some “unvested” funds in the plan may not be available to divide at the time of the QDRO. In these situations, you can either divide only the vested portion or include future vesting in the QDRO language.

