Employee vs. Employer Contributions
A QDRO can divide both the employee’s contributions and the employer’s matching or profit-sharing contributions. However, employer contributions may be subject to a vesting schedule. That means:
- The participant may not be entitled to the full employer match until they’ve worked at the company for a certain number of years.
- Only vested amounts can typically be divided in a QDRO.
When drafting the QDRO, it’s crucial to state whether the order applies only to vested account balances or if it should include future vesting (if permitted by the plan rules).

