1. Employee and Employer Contributions
Most spouses assume they’re entitled to “half” of the account balance, but it’s not that simple. This plan may contain:
- Employee Contributions: Always 100% vested. These are typically fair game in divorce.
- Employer Contributions: May be subject to a vesting schedule. Unvested amounts are not divisible under a QDRO and will revert to the plan if not earned.
The QDRO must specify whether it is dividing the total account balance (which includes only vested employer contributions) or only the marital portion accrued during a specific timeframe. PeacockQDROs carefully drafts orders to match the court’s property division while aligning with federal ERISA requirements.

