Employer vs. Employee Contributions
QDROs can award a portion of the account balance to the non-employee (or “alternate payee”). However, this must take into account the source of the funds. Employee contributions are usually 100% vested from the start, but employer contributions may follow a vesting schedule. This means some funds may be forfeited if the employee leaves the company before hitting certain service milestones. Your QDRO must reflect only the vested portion at the time of division, unless it’s deferred until full vesting occurs.

