Employee and Employer Contributions
Your QDRO needs to clearly specify whether it will divide only employee contributions (typically fully vested) or also include employer contributions, which may be subject to a vesting schedule. If the participant is not 100% vested in the employer match, some funds may not be available for division.
We typically recommend including precise language to address scenarios like forfeitures. For example, if some employer contributions are forfeited before distribution, should the alternate payee receive their percentage from what’s left, or just their share of the vested amount at the time of division? These details matter.

