Employee and Employer Contributions
The QDRO must clearly define the portion of the employee’s account that the alternate payee is entitled to. This usually includes:
- Employee contributions (100% vested)
- Employer contributions (vesting schedule may apply)
- Associated earnings or losses through the date of transfer
In this plan, because vesting is a factor, it’s critical to understand that any unvested employer contributions may be forfeited if the participant is not fully vested at the time of division. Your QDRO should make it clear whether or not those unvested funds are to be considered.

