Dividing Employee and Employer Contributions
In any QDRO, one of the most important decisions is how to divide the account. The employee contributions are fully vested (because they come directly out of the employee’s paycheck), but employer contributions may be subject to a vesting schedule. So, if your spouse hasn’t worked at the company long enough, part of the employer contributions may not be available to divide.
It’s critical that your QDRO addresses these differences. For example, if the order tries to split a portion of the not-yet-vested employer contributions, it may be rejected by the plan administrator—or worse, accepted and then adjusted in ways you didn’t intend. We strongly recommend avoiding general language like “50% of the account,” and instead specify what’s included: vested balances only, for example.

