Employee and Employer Contributions
The participant in the divorce may have both employee deferrals and employer-matched contributions. Only vested amounts can be divided via QDRO—but problems often arise if the employer contributions are not fully vested. If a QDRO improperly awards unvested employer contributions, the Alternate Payee may receive nothing.
To avoid this, it’s crucial to:
- Check the participant’s vesting schedule before finalizing the division
- Only include vested balances or include alternate language for potential future vesting
- Clarify whether the division percentage applies to the total balance or only to employee contributions

