Division of Employee and Employer Contributions
This plan likely includes both employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). When drafting your QDRO, those components must be separately calculated and divided.
If you’re the alternate payee, it’s important to make sure the QDRO includes language that accounts for:
- Your share of contributions and gains/losses from a specific division date (usually the date of divorce or separation)
- The proper division of vested and potentially unvested employer contributions

