Dividing Contributions: Employee vs. Employer
One of the first things to determine is whether the alternate payee (the spouse receiving the benefit) will receive a share of just the employee’s contributions or if employer matches will be included too. In many plans, employer match contributions are subject to a vesting schedule.
- Fully vested employer contributions can be divided in the QDRO.
- Unvested amounts at the time of divorce may be excluded or included based on plan rules.
- A well-written QDRO should specify whether gains/losses from the date of division to the date of distribution apply.

