Employee and Employer Contributions
Both employee and employer contributions can be divided by a QDRO. However, it’s crucial to distinguish between:
- Employee Contributions: These are immediately vested and always divisible.
- Employer Contributions: These may be subject to a vesting schedule. If the employee isn’t fully vested at the time of divorce, some of the balance may be forfeited upon separation or job departure.
Be sure your QDRO clearly addresses whether the order includes only vested balances as of the division date or if vesting will continue through some defined date.

