Employee and Employer Contributions
QDROs must specify what percentage or dollar amount of the account is awarded to the alternate payee (usually the ex-spouse). Normally, employee deferrals are immediately available, but employer contributions often come with vesting schedules. This means that a portion of the balance may not yet truly belong to the employee—and can’t be divided.
In your QDRO, you should address:
- Whether the alternate payee is awarded only vested funds or a proportional portion including unvested amounts
- How forfeited amounts due to lack of vesting will be handled

