1. Employee and Employer Contributions
If you or your spouse have both made contributions to the plan, the QDRO should make clear whether the alternate payee’s portion includes:
- Just employee contributions
- Employee + vested employer contributions
Employer contributions often vest over time. Any unvested amounts may be forfeited if the employee leaves the company before full vesting. The QDRO should clarify whether the division includes non-vested funds or is limited only to vested amounts as of a specific date (e.g., date of divorce or distribution).

