1. Employee and Employer Contributions
Both employee salary deferrals and employer matching contributions may be included in the divisible retirement account. Depending on the plan’s rules and your divorce agreement, you can split:
- Just the marital portion of the account (most common)
- The full account balance, if agreed by both parties
Keep in mind that employer contributions may be subject to a vesting schedule. If a portion of the employer contributions is unvested, the alternate payee may not be entitled to it—even with a QDRO.

