Employee vs. Employer Contributions
A QDRO can award a share of just the employee’s contributions or include employer contributions too. This is often determined by the divorce settlement—but it must be clearly addressed in the order.
- Employee Contributions: These are typically 100% vested automatically.
- Employer Contributions: May be subject to a vesting schedule. If not fully vested at the time of divorce, the non-employee spouse (Alternate Payee) may only be entitled to the vested portion.

