Employee vs. Employer Contributions
This plan is likely to include both employee contributions (deferred from wages) and employer contributions (such as matching or profit-sharing). The QDRO should clearly define whether the alternate payee (the spouse receiving the share) is entitled to:
- A percentage of the total balance
- Only vested employer contributions
- Only employee contributions
Unvested employer amounts may be forfeited depending on the participant’s length of service at the date of divorce. It’s extremely important to confirm the vesting schedule with the plan administrator during the QDRO drafting process.

