Employee and Employer Contribution Divisions
This plan likely includes:
- Employee contributions: These are fully vested immediately and can be divided regardless of the length of employment.
- Employer matching or discretionary contributions: These may be subject to a vesting schedule. The QDRO must be clear about whether the alternate payee receives only vested amounts or also a share of unvested funds that may vest later.
It’s important to clarify the division formula (e.g., 50% of account balance as of the date of divorce or the date of distribution) and to account for any market gains or losses.

