Employee and Employer Contributions
The employee’s contributions are usually 100% vested because they come straight from their paychecks. However, employer contributions—especially matching contributions—may be subject to a vesting schedule. If you’re drafting a QDRO, it’s crucial to:
- Specify whether the division includes only vested balances or future vesting post-divorce
- Clarify if the alternate payee will receive a proportional share of any post-separation gains/losses
Division options typically include a flat dollar amount or a percentage of the account balance as of a specific date.

