Employee vs. Employer Contributions
When dividing the plan, it’s essential to determine whether you’re splitting:
- Only the employee’s contributions (often 100% vested),
- Employer match contributions (may be subject to vesting), or
- Both types of contributions combined.
If the divorce happens before the participant is fully vested in the employer contributions, then unvested amounts may be forfeited—meaning the alternate payee could receive less than expected unless the QDRO accounts for this possibility.

