Employee and Employer Contribution Splits
It’s important to distinguish between employee and employer contributions, especially in divorce cases. A participant may have contributed consistently, but matching or discretionary employer contributions could be subject to a vesting schedule. Your QDRO should clarify:
- Whether the alternate payee has a right to receive a portion of employer contributions
- What happens with contributions that were not yet vested at the time of divorce
- Whether only the marital share (contributions accrued during marriage) or the full account balance should be divided

