Employee and Employer Contribution Allocations
The most common division method is to award a percentage or flat dollar amount of the participant’s account as of a certain date (usually the divorce date). But you also need to consider:
- Employee Contributions: These are usually 100% vested and easier to divide.
- Employer Contributions: May be subject to a vesting schedule. Only vested portions can be divided in a QDRO.
It’s essential to request a vesting report from the plan administrator before drafting your QDRO. If the plan follows a 5-year cliff vesting schedule or a 6-year graded vesting formula, it could significantly impact your settlement.

