Employee and Employer Contribution Divisions
In most cases, the plan includes:
- Employee contributions: These are typically 100% the employee’s property unless agreed otherwise in divorce.
- Employer contributions: These may be subject to a vesting schedule. If the employee is not fully vested, the non-vested portion may not be available for division in the QDRO.
Ask the plan administrator for a current benefits statement showing which contributions are vested and which are not. It’s common to encounter confusion or mistakes regarding which account balances can be split under the QDRO.

