Employee vs. Employer Contributions
In a divorce, both employee contributions and vested employer contributions can be divided through a QDRO. The QDRO must specify whether the alternate payee is receiving a share of:
- Only the employee’s salary deferrals
- Both employee and vested employer contributions
- Only a dollar amount, regardless of contribution source
It’s critical to clarify whether matching funds or discretionary employer contributions are included in the division—and whether they were fully vested at the time of the divorce or date of distribution.

