1. Employee and Employer Contributions
The total plan balance includes both what the employee contributed (their deferred wages) and what the employer added. QDROs must clarify whether the alternate payee is entitled to:
- Only the vested portion of employer contributions
- All employee contributions
- Investment gains or losses on those amounts
Unvested employer contributions typically cannot be awarded under the QDRO unless and until they vest according to the plan’s rules. We carefully draft model language to deal with this situation, protecting your interest.

