1. Employee and Employer Contributions
Both spouses often overlook how employer contributions are treated. While the participant’s (employee’s) contributions are always divisible in a QDRO, employer contributions may be subject to a vesting schedule.
- If the participant is not fully vested, some employer contributions may be forfeited if the employee leaves the company.
- The QDRO should include clear language addressing the possibility that some funds may be unavailable due to vesting restrictions.
- We often request documentation from the plan administrator showing the vesting schedule and accrued balances before finalizing the QDRO.

