Employee and Employer Contributions
It’s essential to recognize that contributions to the account come from both the employee and employer. During a divorce, both sources of funds can be divided—but only the vested portion of employer contributions is available for division. If the employee is not fully vested, the non-vested portion will not be payable to the former spouse.
The QDRO should clearly state the portion to be divided—for example, 50% of the account’s balance as of the date of divorce or another mutually agreed valuation date—and whether earnings or losses should be included from that date to the date of distribution.

