1. Contributions: Employee vs. Employer
The division method in a QDRO often depends on how contributions were made:
- Employee Contributions: Usually 100% vested and fully divisible between spouses.
- Employer Contributions: May be subject to a vesting schedule depending on the plan’s rules. Unvested amounts typically cannot be divided.
With a business-type sponsor, it’s common for employer contributions to have a graded or cliff vesting schedule. In drafting your QDRO, we ensure that only vested balances are divided as required by law.

