Employee and Employer Contributions
The QDRO should clearly state whether the division applies only to the employee’s contributions or also includes employer contributions. If the participant was fully vested, the entire account may be divided. However, if some employer contributions were not vested at the time of divorce, those amounts may be excluded or forfeited.
It’s important to specify the cut-off date—usually the date of separation, divorce filing, or divorce judgment—used to divide the account. If employer contributions are partially vested, the QDRO should explain how to treat unvested amounts.

