Employee and Employer Contributions
The participant in this plan likely made elective deferrals (pre-tax or Roth) directly from their paycheck. In many corporate plans, including those in the general business sector, the employer also contributes a match—often subject to a vesting schedule. It’s essential to determine:
- Which contributions are vested and available to be divided
- Which employer contributions may still be unvested and subject to forfeiture
- Whether your QDRO will divide only vested funds or a percentage of the entire balance
For example, if the plan participant has five years of service but needs six to be fully vested in the employer match, some of their account might not yet belong to them. These details need to be factored into the QDRO draft.

