1. Employee and Employer Contributions
Contributions made by the plan participant (employee) are always considered in the marital property division. However, employer contributions often come with a vesting schedule. If your order includes employer-funded amounts that weren’t vested as of the separation or QDRO date, those funds may be forfeited—and the alternate payee may receive less than expected.
To avoid surprises, make sure the QDRO clearly states whether it includes only vested funds or anticipates future vesting. At PeacockQDROs, we review each plan’s vesting rules and advise clients how to draft accordingly.

