Employee Contributions vs. Employer Contributions
One of the first questions to ask is: What type of contributions are in the account?
- Employee Contributions: These are usually 100% vested immediately and easier to divide.
- Employer Contributions: These may be subject to a vesting schedule, meaning not all of it may be available for division.
In drafting the QDRO, it’s important to account for whether any portion of employer contributions is unvested and whether those funds might be forfeited later. At PeacockQDROs, we account for this by identifying a specific valuation date and clearly stating whether the alternate payee (the non-employee spouse) is entitled to all or just the vested portion.

