Employee vs. Employer Contribution Division
A key decision is whether the alternate payee (the spouse receiving a share) will receive a portion of only the employee contributions or also employer contributions. This matters especially when employer contributions are subject to a vesting schedule, which isn’t always fully satisfied by the divorce date. A clear QDRO must address:
- Whether it applies to only vested amounts
- How to deal with forfeitures of non-vested employer contributions
- Whether gains/losses are included through the date of distribution

