Dividing Contributions: Employee vs. Employer
In most cases, the account will be divided either as of the date of separation or divorce. It’s important to clarify how contributions are split:
- Employee Contributions: Always belong to the plan participant and are fully divisible.
- Employer Contributions: May only be partially vested at the time of division. Unvested portions may not be transferable to the alternate payee (the spouse receiving the funds).
Make sure your QDRO correctly reflects the vesting schedule and only awards what is legally and contractually earned.

