1. Employee and Employer Contributions
The plan likely includes both employee contributions (from the participant’s pay) and employer-matching contributions. Most QDROs address this by dividing the entire account balance as of a particular date or by using a percentage or dollar amount. However, QDRO drafts should clarify whether the award includes:
- Just the employee contributions
- Employee + vested employer contributions
- All contributions, regardless of vesting status
Be cautious—employer contributions that aren’t vested as of the division date can be forfeited. That could dramatically impact the amount the alternate payee actually receives if not properly addressed in the order.

