Employee vs. Employer Contributions
A core issue in any QDRO is determining whether the division will be based on only the participant’s contributions or will also include employer contributions. In general, you need to:
- Clarify how contributions were made during the marriage versus after separation
- Determine if employer contributions are fully or partially vested
Employer contributions may be subject to a vesting schedule. If they’re not fully vested at the time of the divorce, unvested amounts may be forfeited, and therefore not subject to division under the QDRO.

