1. Contributions: Employee vs. Employer
The QDRO can divide both employee contributions and any employer matching or profit-sharing contributions. Sometimes divorcing parties agree to divide the full account balance without regard to contribution source. However, employer contributions may be subject to a vesting schedule, and unvested amounts may not be divisible at the time of divorce.
Our approach at PeacockQDROs is to ensure that the language of the order addresses what happens to unvested employer contributions—whether they’re excluded or divided only if vested at the time the alternate payee’s share is awarded.

