1. Dividing Employee and Employer Contributions
In most cases, the account balance will include both employee and employer contributions. One critical point: some employer contributions may be unvested, depending on the plan’s vesting schedule.
- Only vested funds can be divided in a QDRO.
- Unvested portions may be forfeited—and those amounts can’t be transferred to an ex-spouse.
If you’re unsure about how much of the account is vested, we work with plan administrators to get official documentation before finalizing the QDRO.

