Employee and Employer Contributions
The plan includes contributions from the employee (the participant) as well as possible matching or discretionary contributions from the employer. Only vested employer contributions may be divided under a QDRO. If part of the employer’s contributions are unvested at the time of divorce, those amounts may later be forfeited and never paid out to either party.
Be explicit in the order: specify whether the alternate payee is entitled to a percentage or dollar amount of the total balance, including or excluding vested employer contributions.

