Employee and Employer Contributions
A common scenario is when the QDRO awards 50% of the total account as of a certain date—such as the date of separation or divorce. Keep in mind:
- Employee contributions are always 100% vested.
- Employer contributions may be partially unvested and therefore non-transferable under a QDRO.
If only 80% of the employer contributions are vested at the time of division, the alternate payee will only receive a share of that 80%. Anything unvested is forfeited unless the QDRO includes language to allow for reallocation if vesting changes post-divorce.

