Employee and Employer Contributions
This plan likely includes both employee deferrals and employer matching contributions. Most QDROs cover both, but only vested employer contributions can be included. If the employee spouse isn’t 100% vested at the time of divorce or QDRO execution, the alternate payee may only receive a portion of the match—or none at all.
The QDRO should clearly state whether it divides the account as of a specific date (e.g., date of separation, date of dissolution, etc.), and whether investment earnings or losses are included from that valuation date through the date of distribution.

