1. Employee and Employer Contributions
While employee deferrals are fully owned and typically subject to immediate division, employer contributions may be governed by a vesting schedule. That means the non-employee spouse could be entitled only to a portion of the employer match—depending on how long the employee has worked there.
Make sure to specify in your QDRO whether the division should include:
- Only the employee’s deferrals
- Both employee and vested employer contributions
- Employer contributions that vest after the divorce date (this can be tricky and requires careful drafting)

