Employee vs. Employer Contributions
Your spouse’s account might include:
- Employee salary deferrals (100% vested upon contribution)
- Employer matching contributions (often subject to vesting)
- Profit-sharing contributions (may also be subject to vesting)
If employer contributions are not fully vested at the time of divorce, the QDRO can only divide what’s already vested. This is a common area of confusion—and legal disputes—so your QDRO needs to make this distinction clear.

