1. Employee and Employer Contributions
In most cases, a divorce-related QDRO will divide both the employee’s contributions and any employer contributions made to the account during the marriage. That said, employer contributions may be subject to a vesting schedule, which determines how much of those contributions actually belong to the employee at any given time.
If you’re divorcing before all employer contributions are vested, the non-employee spouse may only be entitled to a portion—if any—of those contributions.

