Employee vs. Employer Contributions
One of the first things to determine is whether both employee and employer contributions are being divided. Employee contributions are typically 100% vested immediately, but employer contributions may be subject to a vesting schedule.
In your QDRO, you need to clarify:
- Whether the alternate payee receives a share of all vested funds as of a certain date (e.g., date of divorce or date of separation)
- Whether non-vested employer contributions should be excluded
This distinction can significantly impact the alternate payee’s share. Having an attorney who understands these nuances is essential.

