Dividing Employee and Employer Contributions
When preparing a QDRO for this plan, the first step is deciding how to divide the participant’s account. In most cases, employee contributions are 100% vested and will be divided based on an agreed percentage or dollar amount as of a specific date (often the divorce date).
Employer contributions, on the other hand, may be subject to a vesting schedule. If the participant hasn’t worked at the company long enough to be fully vested, a portion of their employer-matched contributions may be forfeited. Your QDRO must clearly state whether the alternate payee is entitled only to vested amounts or includes any currently non-vested amounts as they become vested post-divorce (known as a “separate interest”).

