Dividing Employee and Employer Contributions
Both employee deferrals and employer profit-sharing contributions can be subject to division—but only to the extent that they’re vested. If the employee was not fully vested at the time of divorce, some of the employer’s contributions may not be eligible for division. Your QDRO should specify:
- Whether only the vested portion of employer contributions is to be divided
- The exact percentage or dollar amount to transfer
- The valuation date (commonly the date of separation or a court-specified date)

