Employee vs. Employer Contributions
The account likely includes two types of contributions:
- Employee Contributions: These are the amounts the employee deferred from their paycheck. These are usually 100% vested and fully divisible in a QDRO.
- Employer Contributions: Contributions made by the employer, often subject to a vesting schedule. Only the vested portion can be divided.
If you’re the non-employee spouse (called the “alternate payee”), you’re only entitled to vested balances. It’s important your QDRO includes language that pro-rates or excludes unvested employer contributions—otherwise, you might be awarded funds that don’t yet belong to your ex-spouse.

