Employee and Employer Contributions
QDROs can divide both the employee’s deferrals and any employer matching or profit-sharing contributions. However, only vested amounts are transferable. If your spouse has unvested employer contributions, those may not be eligible for division unless they become vested later.
In cases where employer contributions are in play, it’s important your QDRO specifies:
- Whether the alternate payee is entitled to just the vested balance as of a set date, or any additional amount that becomes vested afterward
- How forfeited, unvested portions will be handled in the event of job termination

