Employee and Employer Contributions
QDROs can divide account balances based on a percentage or dollar amount of the total account. However, employer contributions may be subject to vesting rules. For example, only vested portions of employer contributions are divisible under a QDRO. If the divorce occurs before full vesting, the alternate payee’s share may be reduced accordingly. A QDRO can also include survivorship language to preserve the alternate payee’s share, even if the participant dies before distribution.

