Employee vs. Employer Contributions
A QDRO can divide both employee contributions (and earnings) and vested employer contributions. However:
- Only vested employer contributions can be assigned to the non-employee spouse (called the “alternate payee”).
- Unvested portions are not available for division unless specified otherwise in the domestic relations order (and only if they later vest).
The plan’s internal vesting schedule determines how much of the employer contributions are available to divide. Plan administrators typically report how much of the account is vested when reviewing a draft QDRO.

