1. Division of Employee and Employer Contributions
Employee contributions are typically 100% vested immediately, but employer contributions often follow a “vesting schedule.” That means a spouse may not be entitled to the full match amount unless the participant has been with Rcd LLC long enough.
Make sure that your QDRO clearly states:
- Whether the alternate payee receives a flat dollar amount, specific percentage, or account type (e.g., 50% of all vested account balances as of the date of divorce)
- The treatment of employer contributions separately from employee contributions—especially if some are not yet vested
- A division date—usually the date of divorce or a specific valuation date

