Employee and Employer Contributions
The plan likely includes both employee elective deferrals and employer matching or discretionary contributions. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule.
When preparing a QDRO, it’s important to:
- Specify how the division is to occur (for example, 50% of the participant’s vested balance as of a certain date)
- Clarify that only vested employer contributions are to be divided
- State whether post-divorce earnings and losses should be included in the award

