1. Employee vs. Employer Contributions
You can only divide what’s been accumulated during the marriage. That includes:
- Employee contributions: Typically 100% vested immediately, making them easy to divide.
- Employer contributions: These may be subject to a vesting schedule. If the employee-spouse is not fully vested at the time of divorce, part of the account may be non-marital or ineligible for division.
The QDRO should specify whether it includes only vested funds or anticipates future vesting. That choice often depends on your divorce terms and the plan’s rules about how unvested funds are handled in a divorce context.

