1. Dividing Employee and Employer Contributions
Both the employee’s contributions and any employer matching or profit-sharing contributions are part of the total account. But that doesn’t mean they’re all automatically divisible.
- Employee contributions are always 100% vested and divisible.
- Employer contributions may be subject to a vesting schedule. If your spouse isn’t fully vested, a portion of the employer contributions may be forfeited upon divorce or separation from employment.
When drafting a QDRO, it’s important to specify whether the alternate payee (usually the non-employee spouse) will share in unvested employer contributions. Most plans will only allow distribution of the vested portion at the time of division.

