Employee vs. Employer Contributions
In most QDROs, only vested amounts are eligible for division. Employee contributions are always fully vested. However, employer contributions—including match and profit-sharing—are often subject to a vesting schedule. If your divorce happens before the participant spouse is fully vested, unvested employer funds may not be divisible.
Make sure your QDRO addresses:
- How to divide vested employer contributions
- Whether the alternate payee receives a percentage of total account balance or just employee contributions
- What happens if the participant is not yet fully vested

