Employee vs. Employer Contributions
Most QDROs allow for division of the full account balance as of a specific “cut-off” date, commonly the date of separation or divorce. But here’s where it gets tricky: employer contributions may not be fully vested. That means the employee might lose a portion of those funds if they leave the company—making them unavailable for division.
For example, if your QDRO awards 50% of the marital portion to the alternate payee, and 25% of the employer contributions are unvested, the alternate payee will receive 50% of only the vested portion. Our team confirms vesting directly with the plan when available or builds contingencies into the order based on the vesting schedule.

