1. Employee vs. Employer Contributions
It’s important to remember this plan likely contains both:
- Employee Contributions: These are always 100% vested and can be divided in a QDRO without issue.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion at the time of divorce or account division is eligible for QDRO allocation.
Make sure your attorney or QDRO professional checks the vesting schedule at the date used for division (e.g., date of separation, divorce judgment, or another agreed-upon date).

