Splitting Employee and Employer Contributions
Many people assume all contributions are equal, but that’s not the case. The employee’s contributions are typically 100% vested immediately. However, employer contributions—like matching funds—may be subject to a vesting schedule. If your spouse hasn’t been with the company long, some of those funds may be forfeitable. A good QDRO will either:
- Limit the alternate payee’s share to vested employer contributions
- State that shares will be calculated at the time of distribution, accounting for future vesting
Always check with the plan administrator for vesting rules before submitting the QDRO.

