Employee and Employer Contributions
This plan likely includes both employee elective deferrals and employer matching contributions. In a QDRO, you’ll need to determine whether the alternate payee (usually the non-employee spouse) will receive:
- A percentage of the total account balance as of a specific date (often the date of separation or divorce)
- Only vested amounts or both vested and unvested balances
- The investment gains or losses on their share between the division date and date of distribution
It’s critical to clarify whether unvested employer contributions are included. Many plans have vesting schedules that you’ll need to reference.

