Employee & Employer Contributions
A well-crafted QDRO for the Data Center, Inc.. Savings & Retirement Plan must distinguish between employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). You’ll need to decide if the former spouse (called the “Alternate Payee”) is awarded a percentage of:
- Total plan balance as of a specific date
- Just the employee contributions
- Employee and vested employer contributions
Be aware that unvested employer contributions are typically not divisible and may be forfeited if the participant leaves before becoming fully vested.

