Employee vs. Employer Contributions
A critical part of drafting a QDRO is specifying how much of the account is to be assigned to the alternate payee. This often includes:
- Employee contributions: These are almost always divisible as part of marital property.
- Employer contributions: Often subject to a vesting schedule. It’s crucial to verify whether the participant was fully vested in these amounts at the time of divorce.
If the employee is not vested in a portion of the employer match, those funds may be forfeited and thus cannot be awarded in a QDRO. Always request a detailed account statement and vesting schedule when preparing your order.

