Employee vs. Employer Contributions
A QDRO can assign a portion of the employee’s contributions—including any investment gains or losses—to the former spouse. But employer contributions may come with complex vesting rules. You’ll need to determine:
- Which contributions were made before vs. after separation or divorce
- Whether the employer contributions are fully or partially vested
- Which contributions are subject to forfeiture
Unvested funds generally do not transfer to the alternate payee. But the QDRO should include language addressing forfeiture scenarios in case the participant’s vested percentage changes after divorce.

