Employee and Employer Contributions
It’s important to specify whether the division includes just the employee’s contributions, or employer contributions too. In many cases, employer contributions are subject to a vesting schedule, meaning the employee must remain with the company for a certain time to “earn” the full match.
- Vested portion: Can be included in the QDRO division
- Non-vested portion: Cannot be claimed by the alternate payee if unvested at time of divorce
Ask for a breakdown of vested vs. unvested amounts before drafting your QDRO.

