Employee and Employer Contributions
This type of plan typically includes both employee deferrals and employer-matching or discretionary contributions. In a divorce, the QDRO can allocate:
- Only the vested portion of employer contributions
- A percentage or flat dollar amount of the total account balance as of a certain date
- Investment gains or losses from that determination date through distribution
Be aware that if the participant isn’t fully vested in the employer contributions, the alternate payee (ex-spouse) will only be entitled to the vested portion. Any unvested funds may be forfeited unless the participant reaches full vesting before payout.

