1. Dividing Employee and Employer Contributions
The most basic QDRO question is: what will be divided? Will it be just the participant’s contributions, or will the order include employer contributions too? In this plan, employer contributions are discretionary and may be subject to a vesting schedule. Before drafting the QDRO, confirm with the plan administrator what portions of the account are:
- Fully vested
- Partially vested
- Non-vested
Remember, unvested portions may be forfeited if the participant terminates employment. This can change the dollar value the alternate payee receives down the line.

