Employee vs. Employer Contributions
The QDRO should specify whether the alternate payee (the non-employee spouse) will receive a share of:
- Employee contributions (Money the employee contributed from their paycheck)
- Employer-matching contributions (If applicable under the plan)
- Earnings on those contributions from the date of marriage, or a chosen date, through the division date
It’s important to note that only vested employer contributions can be divided. If the employee is not 100% vested in the plan, the unvested portion typically reverts to the plan if the employment ends before full vesting is achieved. That’s why the QDRO should clarify whether the division includes just the vested amounts or also future vesting events.

