1. Employee vs. Employer Contributions
Many people assume that whatever is in the plan gets split 50/50. But it’s not that simple.
- Employee Contributions: These are usually 100% vested and are fully dividable.
- Employer Contributions: These may be subject to a vesting schedule, meaning the participant doesn’t fully “own” that portion until they’ve been with the company for a set amount of time.
Your QDRO should specify whether only vested amounts are being divided—or if unvested portions will be monitored and distributed later if they become vested.

