Employee and Employer Contributions
A QDRO can divide just employee contributions, or both employee and employer contributions (like matching or profit-sharing). However, the alternate payee only receives employer contributions that are vested. This means:
- If the employee spouse isn’t fully vested, the non-vested portion will get forfeited if they leave the company
- The QDRO should include language stating that any unvested funds should not be included in the alternate payee’s share

