Employee and Employer Contributions
In a divorce, it’s not just about dividing the total balance. You need to consider how employee vs. employer contributions are treated. Employee contributions are always fully vested and available for division. But employer contributions may be subject to a vesting schedule. If you’re the alternate payee, don’t assume you’re entitled to half of the employer-generated total. The QDRO must account for what’s vested at the cut-off date (typically the date of separation or divorce).

