Dividing Contributions: Employee vs. Employer
This plan may contain both employee contributions (money the participant put in) and employer matching or profit-sharing contributions. A critical point is that employer contributions are often subject to vesting schedules.
- If the employer contributions are not fully vested at the time of divorce, only the vested portion is available for division.
- Unvested balances typically remain with the employee, even if the QDRO attempts to award them.
The QDRO should clearly state whether the division is based on the account balance as of a specific date (usually the date of separation or date of divorce) and whether it applies only to fully vested funds.

