Employee and Employer Contributions
Employee contributions are generally 100% owned by the participant and can be divided in a QDRO. Employer contributions, however, are often subject to a vesting schedule. If the participant isn’t fully vested at the time of divorce, the unvested amount is not legally theirs—and cannot be divided.
It’s critical to confirm the participant’s vesting percentage, especially for longer-term marriages. A percentage-based allocation (e.g., 50% of the marital portion) must often take vesting status into account.

