1. Employee and Employer Contributions
Participant accounts often consist of two parts: amounts the employee contributed and amounts the employer contributed. Many plans restrict how unvested employer contributions are treated. In your QDRO, it’s important to:
- Identify marital portions of both employee and employer contributions
- Make sure to account for the valuation date (usually date of separation or date of divorce)
- Clarify whether the alternate payee is entitled to any share of unvested employer money
If vesting has not occurred fully, the alternate payee may receive less than expected. We always recommend checking the plan’s Summary Plan Description to confirm the employer’s vesting schedule.

