Employee vs. Employer Contributions
QDROs can award a portion of one or both types of contributions. The key is understanding what’s vested and unvested:
- Employee Contributions: Always 100% vested. These funds are available to be split through a QDRO.
- Employer Contributions: Often subject to a vesting schedule. The QDRO can only award the portion that is vested as of a certain date (often the date of divorce or another agreed date).
We will work with you to clarify which percentage of the vested balance should go to the alternate payee (the non-employee spouse) and ensure that your QDRO reflects those specifics.

