Employee vs. Employer Contributions
A QDRO can divide both employee deferrals and employer matching contributions, but there’s a catch—employer contributions may not be fully vested. This means the participant may not own that portion of the account yet.
- If the employer uses a graded vesting schedule (e.g., 20% per year), only the vested portion at the time of divorce is divisible.
- Unvested employer contributions will be forfeited if the participant leaves before full vesting. Your QDRO should specify whether those amounts revert to the participant or simply aren’t considered part of the divided account.

