Employee and Employer Contributions
QDROs can divide both employee contributions—what the participant has put in through payroll deductions—and employer contributions—what the company contributed. However, employer contributions are often subject to a vesting schedule. That means the participant may not yet “own” the employer match until certain service milestones are reached.
For example, if 40% of the employer contributions are unvested at the time of divorce, that portion can’t be awarded to an alternate payee. The QDRO needs to account for this and specify whether only the vested portion is divided or a fixed amount as of the date of division.

