Dividing Employee and Employer Contributions
When drafting your QDRO, it’s important to clarify what part of the participant’s account is being divided. Most QDROs cover both employee contributions (what the worker put in via payroll) and employer contributions (matching or profit-sharing deposits). But not all employer contributions are equal—
- Some may not be fully vested yet
- Anything not vested at the time of divorce usually stays with the employee
Check the latest plan statement or ask the plan administrator which parts of the account are vested. The QDRO can then specify that only the vested portion should be divided.

