Employee vs. Employer Contributions
One key QDRO decision is how to divide contributions made by both the employee and the employer. In most cases, employee contributions are 100% vested and available to divide. However, employer contributions may be subject to a vesting schedule. If the employee is not fully vested, a portion of the employer’s contributions could be forfeited at the time of divorce or job separation.
It’s critical that the QDRO specify whether it awards a fixed dollar amount or a percentage of the vested balance as of a certain date. We frequently recommend defining this clearly to prevent disputes or errors in administration.

