Employer vs. Employee Contributions
This plan likely includes both elective deferrals from the employee’s salary and matching contributions from the employer. In a divorce, you have the option to divide:
- The entire account
- Only vested portions
- Only marital contributions (e.g., from the date of marriage to the date of separation)
Be aware that employer contributions may be subject to a vesting schedule, meaning a portion of the account may not be fully owned by the employee at the time of divorce. If your QDRO awards unvested funds, and those funds are later forfeited, you could receive less than expected unless the QDRO includes protective language.

