Employee and Employer Contribution Divisions
The QDRO should clearly state whether the alternate payee is receiving a portion of:
- Only the employee’s contributions (usually fully vested)
- Employer contributions (only to the extent they are vested)
- Both, specifying a percentage or flat dollar amount
Because employer contributions often follow a vesting schedule, it’s critical to determine if any employer contributions are unvested—and therefore not available to divide. If a participant separates from service soon after divorce, unvested amounts could be forfeited, potentially reducing the alternate payee’s share.

