1. Employee and Employer Contributions
The QDRO must specify exactly how much of the account (or percentage) the alternate payee will receive. This usually includes:
- Pre-tax employee contributions
- Employer matching contributions (only if vested)
- Extra voluntary contributions if applicable
Only vested employer contributions are divisible. If the employee has unvested portions, those aren’t paid out unless they vest later—something to be aware of if you want a valuation date versus a future-as-vested clause.

