Employee Contributions vs. Employer Contributions
A key issue is distinguishing between employee and employer contributions:
- Employee Contributions: These are typically 100% vested and are available for division in most cases.
- Employer Contributions: Subject to a vesting schedule. Only the portion that’s vested as of the “valuation date” (commonly the date of separation or divorce) will be divided.
The QDRO must clearly define how to handle both types of contributions to ensure that the alternate payee doesn’t receive—or lose—portions they weren’t intended to.

