Employee vs. Employer Contributions
This plan likely includes both employee salary deferrals and employer matching or discretionary contributions. In a QDRO, it’s important to clarify whether the alternate payee will receive a share of:
- Just the employee’s contributions,
- Just the vested employer contributions, or
- All plan balances, regardless of source.
Most QDROs award a percentage or fixed amount of the total plan account accrued during the marriage. But if the participant hasn’t yet vested in some employer contributions, those unvested amounts may be forfeited upon separation or termination. Your QDRO must account for that possibility.

