1. Employee vs. Employer Contributions
Employers often match a portion of employee contributions. But these employer contributions may not be fully vested at the time of divorce.
- Vested amounts: Only vested employer contributions can be divided in a QDRO.
- Forfeitures: Any unvested amounts may be forfeited if the employee leaves the company prematurely.
Be sure your QDRO only awards what is legally available. We often recommend including specific language about the division of employee and employer contributions, and to state that unvested amounts should not be included.

