Employee and Employer Contributions
A QDRO can assign a share of the participant’s account—including both employee and vested employer contributions—to the alternate payee (usually the ex-spouse). However, it’s crucial to determine:
- What portion of the account was earned during the marriage
- What part of the employer contributions are vested
- How to treat post-separation earnings or gains
Unvested employer contributions can’t be awarded in a QDRO unless they become vested by the time the plan administrator processes the order.

