Employee Contributions and Employer Contributions
This plan likely includes both employee deferrals and employer matching or profit-sharing contributions. Only vested amounts can typically be divided under a QDRO. This matters if you’re divorcing while the employee spouse is still working there, because some employer contributions may not be fully vested yet.
- Employee contributions (and any investment gains on them) are usually 100% vested immediately.
- Employer contributions may follow a vesting schedule—commonly over 3 to 6 years.
If any part of the employer contributions is not yet vested, the non-employee spouse won’t receive that portion unless the employee continues to work and earns additional vesting. A well-drafted QDRO should address what happens to any unvested funds—do they revert to the employee or to the alternate payee if vesting occurs after the divorce?

