1. Employee vs. Employer Contributions
Typically, the participant makes regular pre-tax or Roth (after-tax) contributions, and the employer may match or make additional contributions. In the QDRO, you need to be clear about whether the division applies to:
- Just the employee’s contributions
- Both employee and vested employer contributions
Important: Only vested employer contributions are divisible. If part of the employer contributions are unvested at the time of divorce or QDRO, the alternate payee won’t receive that portion unless the participant later vests—and the QDRO specifically provides for that possibility.

