1. Employee vs. Employer Contributions
This plan likely includes both employee deferrals and employer contributions. However, employer contributions are often subject to a vesting schedule. That means not all of the balance shown in the account statement may be divisible in the divorce. Unvested portions could eventually be forfeited if the employee hasn’t met service requirements.
When drafting your QDRO, we’ll determine how to handle these issues. Some QDROs award a percentage of only the vested portion as of the date of divorce. Others may allow for future vesting of the alternate payee. It’s all about negotiating and documenting the right language.

