Employee & Employer Contributions
Both you and your spouse may have contributed to this plan—employee contributions are typically fully owned or “vested” right away. However, employer contributions may be subject to a vesting schedule. Only the vested amount at the time of divorce or order entry can be split.
The QDRO must separately account for:
- 100% of employee contributions and earnings
- Only the vested portion of employer contributions and earnings
It’s common for couples and attorneys to miscalculate the division based on total balances without considering vesting. This is a major mistake. We can help you avoid it.

