1. Employee and Employer Contributions
The QDRO must decide whether it will divide just the employee’s contributions or also include any employer matches. Many employers impose a “vesting schedule” on their contributions. This means portions of the employer contributions may not be fully owned by the plan participant depending on how long they’ve worked with the company.
If the alternate payee is awarded 50% of the account as of a divorce date, for example, that percentage may only apply to the vested portion of the account. Unvested employer contributions typically remain with the employee.

