Employee vs. Employer Contributions
The participant’s own salary deferral contributions are fully theirs—but the employer’s matching contributions might not be. During divorce, both sources may be divided, but the employer portion may be subject to vesting schedules (more on that below).
Your QDRO should clearly define:
- Whether the alternate payee is receiving a flat dollar amount or a percentage
- Whether the division is based on the total balance or just the marital portion (usually the amount earned during the marriage)

