Employee and Employer Contributions
One of the first issues to identify is what portion of the account consists of employee deferrals versus employer profit-sharing contributions. The QDRO can be written to:
- Divide the total account balance (combined contributions); or
- Divide only employee or employer contributions; or
- Limit the division to only vested amounts
Unvested employer contributions can be a sticking point. If the employee spouse is not fully vested, the alternate payee may not be entitled to the entire balance of employer-funded profits or matches. That’s why reviewing the vesting schedule is crucial.

