Employee and Employer Contribution Division
Contributions made directly by the employee are generally 100% owned by that person. However, employer contributions—often a match or discretionary share—may be subject to a vesting schedule. That means some of the money may not be fully owned by the employee at the time of divorce.
The QDRO must specify whether the alternate payee (usually the former spouse) is entitled to all or only the vested portion of the account. An experienced QDRO attorney can help ensure this language is clear and meets the Startchurch Georgia Inc. 401(k) Plan’s administrative requirements.

