1. Employee and Employer Contributions
In a divorce, QDROs can specify how to divide both employee contributions and employer matching contributions. However, only the vested portion of the employer contributions can be awarded. If your spouse isn’t fully vested at the time of separation or divorce, the unvested portion may be off limits.
You and your attorney should determine the exact cut-off date for valuation—such as the date of separation, divorce filing, or the final judgment—and request account statements for that date before drafting the QDRO.

