Employee vs. Employer Contributions
Employee contributions (the money the participant contributed from their paycheck) are always eligible for division in a QDRO. Employer contributions, however, may be subject to a vesting schedule. If the participant hasn’t met the vesting requirements, part of the account may be non-divisible.
When preparing a QDRO, we consider:
- The divorce date and its relationship to the participant’s service timeline
- Any unvested balances that may be forfeited later
- Language that protects the alternate payee against the loss of benefits due to post-divorce forfeiture

