Employee and Employer Contributions
Most QDROs divide the participant’s account balance accrued during the marriage. That typically includes:
- Employee contributions (pre-tax or Roth)
- Employer matching or discretionary contributions (subject to vesting)
However, the ex-spouse (called the “alternate payee”) is only entitled to the portion of employer contributions that are vested as of the date of division. Unvested employer contributions are not divided unless the plan participant becomes vested later and the order specifically calls for post-division inclusion—which is rare and often contested.

