Employee and Employer Contributions
The QDRO must determine how both employee and employer contributions are divided. Many plans offer matching or discretionary employer contributions. However, only vested portions of these contributions are eligible for division. If your spouse has worked for a short time or is still employed, part of the employer’s match may not be vested—and therefore not transferable.
Include language in the QDRO to clearly state whether the alternate payee receives:
- Only the vested amounts
- A pro-rata share of future vesting, if the plan allows
- Gains and losses from a specific valuation date

