Employee and Employer Contributions
One of the most common mistakes we see is failing to distinguish between employee and employer contributions. In this plan, like a typical 401(k), the employee contributes a percentage of their salary, and the employer may match a portion of those contributions.
Only the vested portion of the employer contributions can be split through a QDRO. It’s crucial to request a current statement from the plan administrator that shows the breakdown between:
- Employee contributions
- Employer matching contributions
- Vested vs. unvested amounts
Formula-based QDROs can ensure the alternate payee receives an accurate proportional share, including all gains or losses over time.

