1. Employee and Employer Contributions
The QDRO must specify how to divide both parts of the account:
- Employee contributions – These are always 100% vested and divided based on the marital portion of the contributions.
- Employer contributions – These may be subject to a vesting schedule. Only the vested portion, as of the date of divorce (or other agreed-upon cut-off date), can be divided.
We often recommend basing the division on a specific percentage of the “marital portion,” which includes contributions made and growth during the marriage. If there are substantial unvested employer contributions, the QDRO must account for whether and how future vesting is handled—or whether that portion is excluded.

