1. Employee and Employer Contributions
This plan likely includes both employee deferrals and employer contributions. Only vested employer contributions are available for division in a QDRO. If the participant is not fully vested, the alternate payee cannot receive the unvested portion—even if the divorce judgment says otherwise.
Some options your QDRO can include:
- Dividing just the employee-funded portion
- Dividing only the vested balance as of the divorce or QDRO date
- Monitoring future vesting and adjusting the awarded share accordingly

