Employee and Employer Contributions
One of the first steps in drafting a QDRO is deciding how to split the account. In many cases, divorce courts award a percentage of the participant’s balance as of a specific “valuation date”—often the date of separation or divorce filing. Employee contributions are generally 100% vested from day one, but employer contributions may be subject to a vesting schedule.
If you’re the alternate payee, be aware that you typically only receive the vested portion of the employer match as of the valuation date. Any unvested amounts will remain with the participant, and these details must be defined in the QDRO to avoid confusion or later disputes.

