Dividing Employee and Employer Contributions
In most cases, a QDRO will split the account based on either a specific dollar amount, a percentage, or a portion of account contributions accrued during the marriage. Be clear on what you’re dividing:
- Employee Contributions: Always 100% vested and transferable via QDRO.
- Employer Contributions: May be subject to vesting—important in cases where the employee started but hasn’t completed the required years of service.
Unvested employer contributions should be addressed clearly. If a spouse tries to claim part of these, and the employee ends up forfeiting them, it may result in confusion or conflict down the road.

