Employee vs. Employer Contributions
The nearly universal rule in QDRO drafting is: an alternate payee (usually a former spouse) can only receive what the participant owns. That includes:
- Employee Contributions: These are 100% vested and available for division.
- Employer Contributions: These often follow a vesting schedule—meaning a portion could still be unvested and forfeited after divorce if not earned yet.
Before naming a percentage or dollar amount in your QDRO, it’s critical to understand the plan’s vesting rules. At PeacockQDROs, we always confirm what portion of the employer contributions were vested as of the couple’s division date so you don’t award money that doesn’t legally exist.

