1. Employee and Employer Contributions
This plan likely includes both. A standard QDRO can cover all vested plan balances, including employer contributions, but you have to be precise:
- If the divorce agreement says to divide the “entire account,” that includes employer contributions—but only those that are vested.
- Unvested amounts can’t be divided unless they vest by the time the QDRO is implemented.
Make sure your QDRO accounts for future vesting or limits the division to vested balances as of a certain date.

