Employee and Employer Contributions
In a QDRO, you can award the alternate payee (the non-employee spouse) a percentage or dollar value of the participant’s account balance as of a certain date—often the date of divorce, separation, or another agreed-upon valuation date. When calculating this amount, it’s critical to distinguish between:
- Employee contributions (which usually belong 100% to the participant)
- Employer contributions (which may be subject to a vesting schedule)
Unvested employer contributions may not be included unless the participant later becomes fully vested. Your QDRO should address what happens if the participant vests after the divorce or if unvested funds are forfeited. A well-drafted order will spell out the allocation rules clearly to avoid disputes later.

