Employee vs. Employer Contributions
Employee contributions to the plan are always considered “fully vested,” which means they belong to the account holder no matter what. However, employer contributions may be subject to a vesting schedule—which affects what part of the balance can be divided during divorce.
The spouse receiving a share (called the Alternate Payee ) cannot be awarded benefits from amounts that are not vested as of the date of division or plan valuation. It’s essential that your QDRO specifies whether the division date is:
- The date of separation
- The date of divorce judgment
- The date the order is approved
Our team atPeacockQDROs will help you determine the most beneficial valuation date based on your circumstances and applicable state law.

