Division of Contributions
- Employee Contributions: These are always considered 100% yours, unless otherwise agreed to or ordered.
- Employer Contributions: This is where things get tricky. They’re often subject to a vesting schedule, which means that only some or none of the match may be available to divide depending on how long the employee worked at the company.
Make sure the QDRO clearly states whether you’re dividing the account “offsetting for unvested amounts” or only dividing the vested portion. If you don’t include that technical language, the alternate payee (former spouse) might end up with less than anticipated—or more than allowed.

