Employee and Employer Contributions
Both employee and employer contributions must be considered. All employee deferrals are automatically the participant’s property, but employer-matching contributions may be subject to a vesting schedule. The QDRO must clearly state what happens to non-vested amounts. There are two common options:
- Restrict division to vested account balance only
- Award a fixed percentage of total balance and require forfeiture of non-vested amounts to be absorbed proportionally
At PeacockQDROs, we often work with clients to decide on the best wording depending on their goals and the participant’s vesting status as of the cut-off date (usually the date of separation or divorce).

