Division of Employee vs. Employer Contributions
The QDRO must clearly state whether the alternate payee will share in just the employee’s contributions, the employer’s match, or both. In some cases, the employer contributions are subject to a vesting schedule, meaning not all of them may be available for division at the time of divorce.
We recommend stating that both employee and employer contributions (to the extent vested) as of the division date are to be included. This avoids future confusion and ensures a fair division of assets.

