1. Handling Employee vs. Employer Contributions
QDROs must specify whether you’re dividing:
- Just the employee contributions (what the plan participant has personally put in)
- Employer matching contributions (which may be subject to vesting schedules)
- Both—but only the vested portion of employer funds
We often recommend that QDROs include specific language addressing how to handle unmatched, forfeited, or unvested amounts if relevant. This ensures the alternate payee receives a fair division of the vested total, while accounting for potential growth post-divorce.

