Employee and Employer Contribution Divisions
In most cases, the employee contributes a percentage of their salary, and the employer matches a portion of that. A QDRO must specify whether the alternate payee is getting a share of just the employee’s contributions or also the employer’s match. Keep in mind:
- Employer contributions may be subject to vesting. If your spouse isn’t 100% vested, they may not actually own the full matched amount at the time of division.
- Some plans allow the division of all vested account balances as of a specific date (such as the date of divorce), but others need that to be clarified in the QDRO itself.

