Employee and Employer Contributions
This retirement plan likely includes both employee salary-deferred contributions and employer matching contributions. In a QDRO, both types can be divided—but employer contributions may be subject to a vesting schedule. If some of those funds weren’t vested at the time of division, the alternate payee might not receive that portion.
It’s crucial to:
- Clarify the cut-off date for contributions you’re dividing—usually the date of separation or divorce judgment
- Determine the vested percentage of employer contributions at that cut-off date
- Specify whether the QDRO reflects a percentage of the account’s total or a specific dollar amount

