1. Employee and Employer Contribution Division
This plan most likely includes both employee deferrals and employer matching contributions. While the employee contributions are immediately vested, employer matches may follow a vesting schedule.
When drafting a QDRO, you need to address whether the Alternate Payee should receive a share of:
- Only vested employer contributions as of the divorce date or QDRO date
- All employer contributions (vested and unvested), potentially subject to future forfeiture
We usually recommend specifying the cut-off date (e.g., date of divorce or a set valuation date) and whether only vested portions are included.

