Employee vs Employer Contributions
The account likely includes two types of contributions:
- Employee contributions: These are fully vested, meaning the participant owns them entirely.
- Employer contributions: These may be subject to vesting. For example, an employer might require five years of service before these amounts belong to the employee.
In a QDRO, the alternate payee is only entitled to the “vested” portion of the account. Unvested amounts may be forfeited if the employee leaves the company early or during the divorce proceedings. It’s essential that the QDRO specifies the applicable valuation date and clarifies whether only vested benefits are included.

