Dividing Employee and Employer Contributions
In most QDROs, the alternate payee—usually the non-employee spouse—is awarded a portion of the account balance as of a specific date (often the date of separation or divorce). But this plan likely includes both employee contributions (which are always 100% vested) and employer contributions, which may be subject to a vesting schedule.
It’s critical to determine whether the awarded share includes only the vested portion, or if the alternate payee is entitled to a percentage of future vesting. Most QDROs limit division to vested amounts, but either way, this should be clearly stated in the order.

