Employee and Employer Contributions
QDROs must distinguish between employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). The QDRO should clearly state whether the alternate payee is receiving a portion of:
- Only vested account balances
- A share of both vested and unvested amounts, with an understanding that unvested amounts may be forfeited
In most cases, PeacockQDROs recommends allocating a percentage of the participant’s total vested balance as of a specific date (such as the date of divorce). This avoids confusion and conflicts when it comes time for the plan administrator to execute the division.

