Employee vs. Employer Contributions
The QDRO must specify if the division is applied to just the employee’s contributions or includes employer matches. For example:
- If the employee contributed 5% of his or her salary, and the employer matched 3%, the match is likely subject to vesting (see below).
- Many QDROs divide only vested total balances as of a specific “cut-off” or valuation date, such as the date of separation or divorce filing.
Always be clear in the order about which contributions you are including.

