1. Employee and Employer Contributions
QDROs must distinguish between employee and employer contributions. Employee contributions are always fully vested and divisible. Employer contributions, particularly under a profit-sharing structure, may still be subject to a vesting schedule. If they are not yet vested as of the divorce date or date of distribution, the alternate payee may not be entitled to them.
We recommend including language in your QDRO that allows vesting to be applied on or before a specific date—typically the date of divorce or date the order is entered—to capture what is fair.

