Employee and Employer Contribution Division
This plan likely includes both employee contributions and employer-matching contributions. Your QDRO should clearly state how both portions are divided:
- Employee Contributions: Always 100% vested and must be divided based on the agreed percentage or fixed dollar amount in the divorce judgment.
- Employer Contributions: May not be fully vested. Handle carefully—many plans will deny payout of non-vested portions.
If you’re entitled to 50% of the account, you must specify that it applies to only the vested balance as of a certain date, such as the date of separation or divorce filing.

