Employee vs. Employer Contributions
Most QDROs divide the participant’s vested balance on either a specific date or as of the date of divorce. It is common to split the account 50/50 or through a set dollar amount or percentage. However, it’s essential to identify whether:
- The employer made matching or discretionary contributions
- Those employer contributions are fully vested
- Any unvested portions will be forfeited and therefore not payable to the former spouse (alternate payee)
In the case of unvested employer contributions, the alternate payee won’t receive those funds unless the participant continues working and meets the vesting schedule. Your QDRO needs to account for this possibility and specify how forfeitures are to be handled.

