1. Employee vs. Employer Contributions
Most QDROs award the alternate payee (the non-employee spouse) a percentage or fixed dollar amount of the account balance as of a specific date. But it’s critical to break that down between:
- Employee Contributions: These are always 100% vested and available for division.
- Employer Contributions: These are subject to vesting schedules. If your spouse isn’t 100% vested, some employer contributions might not be included in the divisible balance.
Failing to distinguish between vested and unvested funds is one of the biggest QDRO mistakes we see. Read more about this on ourCommon QDRO Mistakes page.

