Dividing Employee and Employer Contributions
One of the most common questions we get is: Does the alternate payee receive the employer contributions too? The answer is: It depends on how the QDRO is written and the participant’s vesting status. Any employee contributions are always 100% vested, but employer contributions may be subject to a vesting schedule.
If your spouse wasn’t fully vested in the employer contributions at the time of the divorce, the non-vested amount won’t be included in the QDRO division. Your attorney or QDRO preparer needs to clarify this before submission, especially since forfeited non-vested funds won’t be available later.

