Employee and Employer Contributions
Both employee and employer contributions can be divided through a QDRO. However, only vested employer contributions can be included. For example, if the participant spouse is not yet fully vested, any unvested portion will most likely be forfeited and cannot be divided with the alternate payee.
This is especially important in corporate plans like the C-p Flexpack 401(k) Plan, which may use multi-year vesting schedules. The QDRO should clearly state whether it covers just the vested balance as of the date of division, or whether it includes future vesting (referred to as a “shared interest” approach).

