Employee and Employer Contributions
A QDRO usually divides the total account balance as of a specific date (often the date of separation or divorce), including both employee and employer contributions. However, employer contributions may be subject to vesting schedules. This means the employee might not be entitled to the full employer match, and the non-employee spouse can only receive a share of the fully vested portion.
To draft an accurate QDRO, the participant should obtain a vesting statement and the plan’s Summary Plan Description (SPD). These documents will confirm what portion of employer contributions are vested and therefore eligible for division.

