Employee vs. Employer Contributions
One of the first things your QDRO must clarify is what types of contributions are being divided. The participant in the plan may have both:
- Employee Contributions: These are always 100% vested and can be divided based on a specific date (like the date of separation or divorce).
- Employer Contributions: These may be subject to a vesting schedule, and any unvested amounts cannot be awarded to the alternate payee (typically the non-employee spouse).
It’s important that your QDRO differentiates between the two and includes language addressing only the vested balance, or specifying how to handle forfeited portions if applicable.

