Employee and Employer Contributions
Both employee salary deferrals and employer matching contributions can be divided via QDRO. However, employer contributions may be subject to vesting rules. If the employee isn’t fully vested at the time of divorce, the alternate payee may not receive the full expected amount. Your order should clearly state how to handle forfeited amounts due to unvested funds.
We often recommend using a shared interest formula, where the award is a percentage of the account balance accrued during the marriage, rather than a fixed dollar amount. This adjusts more fairly for market fluctuations and account performance.

