Employee and Employer Contributions
Both employee and employer contributions can be divided through a QDRO. However, only vested employer contributions are eligible to be transferred to an alternate payee (that’s you, the former spouse). If your ex isn’t 100% vested yet, any unvested contributions may be forfeited under plan rules.
We strongly recommend finding out:
- How much of the employer match has vested
- Whether the vesting occurs over time (called “graded vesting”) or all at once (“cliff vesting”)
This matters—a lot—because QDROs don’t create new rights you don’t already have. They merely enforce what’s marital property under divorce law and permitted by plan rules.

