Employee and Employer Contributions
The QDRO must differentiate between employee contributions (which are usually 100% vested) and employer contributions (which may be subject to a vesting schedule). If the employee is not fully vested, part of their employer-funded portion might be forfeited and therefore unavailable to the alternate payee (the spouse receiving a share).
A properly drafted QDRO will either:
- Exclude unvested employer contributions, or
- Use a specific valuation date for vested balances

