Employee and Employer Contributions
One challenge in splitting this type of plan is distinguishing between the different types of contributions. Here’s what you need to consider:
- Employee Contributions: These are often fully vested immediately and are straightforward to divide.
- Employer Contributions: These may be subject to a vesting schedule. If the participant is not fully vested at the time of divorce, the non-vested portion will generally not be divided.
A well-drafted QDRO should only assign the vested portion to the alternate payee unless otherwise agreed upon in the divorce settlement. It should also define the cut-off date — usually the date of divorce, separation, or QDRO approval — for valuation.

