1. Employee and Employer Contributions
The QDRO needs to specify how much of the account is being divided and how to treat contributions:
- Employee contributions: These funds are usually 100% vested and will be divided as agreed upon in the divorce judgment.
- Employer contributions: These may be subject to a vesting schedule. Any unvested funds at the time of divorce aren’t subject to division unless they later vest and a time-based division is used.
If you use a percentage award (e.g., 50% of the participant’s balance as of the date of divorce), any unvested employer contributions should be excluded—unless your agreement states otherwise. Be clear about this in your QDRO.

