Employee vs. Employer Contributions
A QDRO can divide both employee and employer contributions—but only to the extent that the funds are vested. That means:
- Employee contributions are always 100% vested.
- Employer match contributions may be subject to a vesting schedule. This schedule is set by the plan and often based on years of service.
If the participant isn’t fully vested at the time of the divorce, the alternate payee may not be entitled to the full employer contribution balance. This is why we always confirm the vesting status when drafting your QDRO.

