Employee and Employer Contributions
The participant’s account may include both employee salary deferrals and employer contributions. These need to be addressed separately in the QDRO. Employer contributions may be subject to a vesting schedule based on years of service, and unvested amounts can be forfeited unless vesting has occurred by the date of divorce or earlier.
Your QDRO must clearly state whether you’re receiving a straight percentage of the total account or only the vested portion. If the plan allows for allocation of future vesting (rare but possible), the QDRO needs to reflect that flexibility.

