Dividing Employee and Employer Contributions
In most divorces, the standard division is a percentage or fixed dollar amount of the account, limited to what was earned during the marriage. Participants and alternate payees should be clear about whether the division covers:
- Only employee deferrals (the participant’s paycheck contributions)
- Employer contributions (match or profit-sharing)
- Only vested portions of the benefit or a fair split that accounts for potential vesting down the road
This type of detail must be spelled out in the QDRO. Some employer contributions may not yet be vested—and could be forfeited if the employee leaves before their vesting date.

