Employee and Employer Contributions
This plan likely involves both employee and employer contributions. When writing a QDRO, you’ll need to decide whether to divide:
- The full account, including all contributions
- Only the portion acquired during the marriage
Keep in mind that some employer contributions may not yet be fully vested. If the participant is not 100% vested at the time of divorce, the ex-spouse might not be entitled to the full value of those funds. This is why understanding the plan’s vesting schedule is so important before drafting the QDRO.

