Differentiating Employer vs. Employee Contributions
Q: Are both contributions divided?
A: That depends on how your divorce judgment is written. A typical QDRO will divide the entire vested account balance as of a certain “valuation date.” However, any unvested employer contributions may not be transferable to the alternate payee.
If the participant is not 100% vested, part of the employer contributions may be forfeited when employment ends. The divorce order should clearly address whether your share applies only to vested amounts or includes unvested contributions that may vest in the future.

