1. Employee and Employer Contributions
This plan likely includes both employee salary deferrals and employer matching contributions. While the employee’s contributions are always 100% vested, employer funds may not be. That means:
- The QDRO should clearly state whether it awards only vested funds or projects future vesting
- Unvested employer contributions generally revert back to the plan if the participant leaves employment early
We often recommend awarding a flat percentage of the vested account balance as of a certain date to ensure clarity and predictability.

