Employee and Employer Contributions
These plans usually include two separate sources of money: the employee’s own salary deferrals and the employer’s matching or profit-sharing contributions. In some cases, only a portion of the employer contributions may be “vested”—meaning the employee would lose unvested funds if they leave the company.
A QDRO must clearly describe whether it awards:
- Only the vested balance as of the date of division
- All vested and non-vested funds
- A specific dollar amount or percentage
We recommend specifying a valuation date—such as the date of divorce, or a later date agreed upon by both parties—and including language that accounts for any gains or losses after that date.

