1. Contributions: Employee vs. Employer
The QDRO should specify whether it divides only the participant’s contributions or includes the employer’s match. Many plans include a vesting schedule for employer contributions—meaning your share may depend on how long your spouse has worked there.
- Fully Vested Funds: These can be divided without restriction.
- Partially Vested Funds: Only the vested portion at the time of divorce or the date specified in the QDRO is available for division.
- Unvested Funds: These are typically not included unless your QDRO includes a “future vesting” clause if your ex-spouse stays with the employer.

