1. Employee vs. Employer Contributions
Initial QDRO discussions should confirm whether you’re dividing:
- Only employee elective deferrals
- Only employer matching or profit-sharing contributions
- All account types within the plan
Employer contributions usually have a vesting schedule tied to years of service. If the divorce occurs before full vesting is reached, the non-employee spouse may receive only the vested portion. It’s crucial to clarify this with proper account statements and ask the administrator to confirm the vesting status as of the cutoff date (usually the date of separation or divorce judgment).

