Employee vs. Employer Contributions
The QDRO can assign the former spouse (the “alternate payee”) a portion of the plan participant’s vested retirement benefits. This typically includes:
- Employee contributions—usually 100% vested
- Employer matching or profit-sharing contributions—may be subject to a vesting schedule that affects the amount eligible for division
It’s important to draft the order based only on the vested account balance or clarify how unvested portions will be handled if the participant is not fully vested at the time of divorce.

