Employee vs. Employer Contributions
In divorce, it’s common to divide just the employee’s contributions made during the marriage. But many plans also include employer profit sharing or matching contributions. Those employer contributions may not be fully vested, which directly affects what the other spouse can receive.
If, for example, the employee spouse leaves the company before fully vesting, your QDRO has to specify whether unvested amounts are divided. We typically recommend only dividing the vested portion unless a court orders otherwise.

