1. Employee and Employer Contributions
The employee’s salary deferrals are always 100% theirs. But employer contributions can be subject to a vesting schedule. That means the full balance isn’t always fair game in a divorce.
- Check the plan documents for the vesting schedule. It’s typically based on years of service.
- Only the vested portion of employer contributions is divisible in a QDRO.
- Unvested amounts may never become available, especially post-divorce.

