Employee and Employer Contributions
This plan likely includes:
- Employee pre-tax and/or Roth elective deferrals
- Employer matching or profit-sharing contributions
Most QDROs cover only vested balances as of a specific valuation date (often the date of separation or divorce). Employer contributions may be partially or fully unvested at the time of divorce. If the participating spouse separates from employment before full vesting, the non-vested portion can be forfeited. Your QDRO should be clear on whether the alternate payee gets only vested amounts or also any amounts that later become vested.

