Employee and Employer Contributions
Most QDROs divide either a specific dollar amount or a percentage of the total account balance as of a certain date. Both the participant’s contributions and any vested employer matches are usually included—unless specified otherwise.
Be aware: If a portion of the employer match isn’t yet vested under the plan’s rules, it may be excluded from division. And if the participant leaves their job before full vesting, unvested amounts can be forfeited entirely. This needs to be addressed clearly in your QDRO’s valuation date and drafting language.

