Employee and Employer Contributions
Both employee and employer contributions may be part of the account balance. However, the key issue is whether the employee has met the plan’s vesting requirements when the divorce occurs. Employer contributions that are not vested may be forfeited by the participant and cannot be split with the alternate payee.
Your QDRO should address:
- Whether the division applies to vested amounts only
- Whether it applies to both employee and employer portions
- The specific valuation date (such as the date of divorce or date of separation)

