Employee and Employer Contributions
Your QDRO must clearly explain how to divide both types of contributions:
- Employee Contributions: These are typically fully vested immediately and will be divided as specified in the QDRO (e.g., 50/50 as of the date of separation).
- Employer Contributions: These may be subject to a vesting schedule. Only the vested balance can be divided. Unvested amounts cannot be awarded to the alternate payee (typically the non-employee spouse).
It’s critical to confirm the participant’s vesting status through the plan. Otherwise, you risk submitting a QDRO that attempts to divide funds that don’t legally belong to the participant yet.

