1. Employee vs. Employer Contributions
The QDRO can assign all or a portion of the employee’s contributions and any vested employer contributions to the alternate payee. However:
- Only vested employer contributions are divisible.
- Unvested amounts typically revert to the employee and may not be shared.
A poorly worded order could accidentally include unvested employer money. Your QDRO must clearly define what’s being included—employee deferrals, vested employer matches, or both.

