Dividing Employee and Employer Contributions
In most cases, the QDRO divides the marital portion of the account—usually the balance from the marriage date to the separation or divorce date. The employee’s salary deferrals are always 100% vested, but employer contributions may come with a vesting schedule. If employer contributions haven’t fully vested at the time of division, only the vested portion can be awarded in the QDRO.
You’ll need to determine:
- Which employer contributions are vested
- Whether to divide using a flat dollar amount or a percentage
- How to handle post-divorce earnings or losses

