Employee vs. Employer Contributions
A QDRO can include:
- Employee contributions: Money the participant voluntarily saved from their paycheck
- Employer contributions: Company match or profit-sharing
Only vested employer contributions can be divided. That’s especially important in a business entity setting where retention strategies may include delayed vesting. If a spouse attempts to claim an amount that isn’t vested, it may be forfeited entirely. That’s why you should request a vesting schedule from the plan administrator before finalizing your QDRO.

