Employee vs. Employer Contributions
QDROs can divide both employee and employer contributions, but employer contributions may be subject to a vesting schedule. That means the full account balance might not be available for division. For example, if the employee spouse hasn’t been with the company long enough, a portion of the employer match may not be “vested” and could be forfeited if they leave the job.
It’s crucial to check the participant’s vesting status when drafting the QDRO. We help clients determine exactly what part of the plan is divisible and make sure the language in the order reflects that.

