1. Employee and Employer Contribution Division
Both employee deferrals and employer-matching or profit-sharing contributions may be part of the plan. A well-drafted QDRO should state whether the alternate payee is receiving a portion of:
- All account balances (including employee and employer contributions)
- Only the employee’s contributions
- Only the vested portion of employer contributions
If the participant is not fully vested in employer contributions, unvested funds may be forfeited and can’t be divided. This is why it’s so important to determine the participant’s vesting status on the date of division.

