Employee and Employer Contributions
Your QDRO should clearly distinguish between what the employee contributed to the plan and what the employer contributed. Why? Because employer contributions often come with a vesting schedule. If the marriage ends before full vesting, the non-employee spouse may not be entitled to receive the full employer match share. Be sure to address:
- Only the vested portion of employer contributions
- How to divide pre-marital vs. marital contributions
- Whether gains or losses post-separation date are included

