Employee vs. Employer Contributions
The participant’s own contributions are always divisible, but questions often come up around employer matching or profit-sharing contributions. These employer contributions may be subject to a vesting schedule. That means only a portion may be “vested” or available for division as of the date of divorce.
Make sure your QDRO specifies a division date. If your spouse had unvested employer contributions as of that date, those amounts are not included in the division. However, an experienced QDRO attorney can include alternative language allowing your share to increase if vesting continues post-divorce.

