Employee and Employer Contributions
In this plan, employee and employer contributions are likely held in separate sub-accounts. Your QDRO must clearly specify whether the division includes both types of contributions—or just the employee’s.
Many spouses assume they are entitled to 50% of the entire balance, but employer contributions may be subject to a vesting schedule. If your spouse is not fully vested, only the vested portion is divisible. Be sure your QDRO states how unvested employer contributions will be handled later if they become vested post-divorce.

