Employee & Employer Contribution Divisions
Typically, the QDRO will divide the plan “as of” a certain date — usually the date of separation or the date of the divorce judgment. The employee’s contributions and any vested employer matching contributions accrued up to that date may be split, often 50/50.
However, employer contributions that are subject to a vesting schedule could cause confusion. If the employee isn’t fully vested, the plan may not allocate all of those employer contributions to the alternate payee. This is why we always ask for a full breakdown of vested vs. unvested funds before drafting.

