Employee and Employer Contributions
The employee’s elective deferrals (pre-tax or Roth) are always considered theirs. These amounts are easy to divide as they are fully vested from day one. However, employer contributions match a portion of these deferrals but often come with a vesting schedule. Only the vested portion of employer contributions can be shared via QDRO. If the divorce occurred before 100% vesting, the ex-spouse may only be entitled to a percentage of the employer match.

