Employee vs. Employer Contributions
Employee contributions are always considered the property of the participant but are still divisible in divorce. Employer contributions often come with a vesting schedule. A QDRO must state whether the alternate payee receives:
- Only the vested portion as of a certain date
- A share of only the employee contributions
- Benefits from both vested and unvested employer contributions
Be clear in specifying dates for marital division—for example, using the date of separation or divorce filing as the “Valuation Date.”

