Employee vs. Employer Contributions
The account likely contains both employee (your own contributions) and employer contributions (matching or discretionary). While employee contributions are fully owned by the participant, employer contributions often have vesting schedules. This could mean your spouse may only be entitled to a portion of the employer funds—or none at all if they’re not vested.
Here’s what to ask or confirm:
- What portion of the employer contributions are vested as of the date of separation or QDRO drafting?
- Should the division apply only to account balances as of a specific valuation date (like date of divorce), or should gains and losses be included?

