Employee and Employer Contributions
In most cases, the QDRO will award a percentage or flat dollar amount of the plan’s balance as of a specific date. But remember that some of that balance may include employer contributions, which could be subject to a vesting schedule.
- The employee’s (participant’s) contributions are always 100% vested and included.
- Any unvested portions of employer contributions typically get excluded from the alternate payee’s award unless the employee stays employed and vests more post-divorce.
- If those unvested amounts later vest and aren’t mentioned in the QDRO, the alternate payee may not be entitled to them.
It’s critical to draft language that addresses the treatment of any employer match and includes a cutoff date for determining what will be divided.

