Employee and Employer Contributions
If the plan offered both employee salary deferrals and employer matching contributions, it’s critical to spell out whether both are being divided. In many cases, employer contributions are subject to a vesting schedule. Your QDRO must address this issue clearly—does the non-employee spouse receive only vested assets as of the date of divorce, or will they also share in any future vesting? We typically recommend including language that limits division to only vested amounts to avoid litigation later.

