Employee vs. Employer Contributions
These plans usually include both:
- Employee contributions – These are fully vested immediately and belong to the person who contributed them. However, a QDRO can award a portion to the other spouse.
- Employer contributions – These may be subject to a vesting schedule. If any portion is not yet vested at the time of divorce or QDRO drafting, it cannot be awarded.
The QDRO can either award a fixed dollar amount or a percentage of the total vested plan balance as of a particular valuation date. For example, “50% of the vested account balance as of the date of divorce.”

