Employee vs. Employer Contributions
The QDRO must clearly define what portion of the account will be divided and whether it includes:
- Employee (participant) contributions and earnings
- Employer matching or profit-sharing contributions
In many cases, only the marital portion (defined by a specific date range) is divided. If employer contributions are subject to a vesting schedule—which many corporate plans use—you’ll need to determine whether unvested amounts are included in the award. Most QDROs exclude them unless they later become vested and allocated to the marital period.

