Who Gets What: Employee vs. Employer Contributions
The first question most divorcing couples ask is whether both employee and employer contributions are divisible. The answer: Yes, but with key limitations.
- Employee Contributions: These are always divisible under a QDRO. If one spouse contributed paycheck deductions while married, the other spouse may be entitled to a share during equitable division.
- Employer Contributions: These may be divided as well—but only if they are vested. Unvested employer contributions are generally not transferable until or unless they become vested.

