Employee and Employer Contributions
Both employee deferrals and employer matching contributions are subject to division with a QDRO. However, employer contributions may have a vesting schedule, which means they aren’t always 100% available to the employee—or to their spouse—during divorce.
If the participant was not fully vested in all employer contributions by the time of divorce or separation, then those unvested portions may be excluded under the QDRO. It’s essential to confirm the vesting schedule and current vested balance before drafting the order.

