1. Employee and Employer Contributions
This plan likely includes both employee deferrals and employer matching contributions. In your QDRO, it’s critical to specify whether you’re dividing:
- The total balance (including both contributions)
- Only vested amounts (especially if the employee is not yet fully vested in employer matches)
- A flat dollar amount or a percentage of the account
Because vesting schedules aren’t always 100%, we often recommend including language that clearly states the alternate payee is only entitled to vested portions as of the date of division, unless otherwise agreed.

