Employee and Employer Contributions
In most divorces, the alternate payee (the ex-spouse receiving funds) is entitled to a portion of the participant’s account as of a specific “valuation date,” usually close to the date of divorce or agreement. This includes both employee and vested employer contributions.
Unvested employer contributions are another matter. If your divorce settlement includes those, be aware they may be forfeited if the employee leaves the company before vesting. A well-crafted QDRO can account for those potential scenarios by splitting only the vested portion or including provisions for future vesting, depending on your agreement.

