Employee vs. Employer Contributions
When preparing the QDRO, it’s essential to distinguish between:
- Employee Deferrals: Usually 100% vested and always divisible in QDROs.
- Employer Profit Sharing/Matching: May be subject to vesting. Only the vested portion can be divided.
If the employee spouse is not fully vested in employer contributions, the QDRO must account for that. You cannot award benefits that haven’t vested, and any future forfeiture due to employment termination could impact the alternate payee’s share.

