Employee and Employer Contributions
Typically, both the employee’s deferrals and any employer matching/contributions are part of the divisible balance. However, employer contributions often come with a vesting schedule. This means that the participant only earns rights to these funds over time. Any unvested portion as of the date of division may not be included.
The QDRO must clearly state whether the division is based on the total account balance or just the vested portion. If not, disputes may arise, and the alternate payee could receive less than intended.

