1. Employee vs. Employer Contributions
One of the first things to examine is which parts of the retirement account should be divided. This plan likely includes:
- Employee deferrals made through payroll contributions
- Employer matching or profit-sharing contributions
Employer contributions may be subject to a vesting schedule. That means not all of the funds in the account are actually “owned” by the employee until they’ve worked a certain number of years. A well-drafted QDRO will clarify whether the alternate payee receives only the vested portion or a share of unvested employer contributions that later become available.

