Employee and Employer Contributions
The plan likely includes both:
- Employee Contributions: These are always 100% vested and available for division.
- Employer Contributions: These are subject to a vesting schedule. Only vested balances are typically divisible through the QDRO.
If the divorce occurs while the employee spouse is still working, you’ll want the QDRO to clarify how vested and non-vested amounts will be handled. Most orders divide only the vested portion as of the date of divorce or the date of distribution.

