Dividing Employee and Employer Contributions
This type of plan includes employee salary deferrals (pre-tax or Roth) and employer matching or profit-sharing contributions. In a QDRO, you can allocate:
- A specific dollar amount
- A percentage of the account as of a certain date
- 50% of all vested account balances accrued during the marriage
It’s critical to understand that forfeitures can apply to unvested employer contributions. If the employee leaves the company before fully vesting, those funds may be lost entirely. The QDRO should clarify what happens if the vesting schedule impacts the award after the divorce is finalized.

