Employee and Employer Contributions
Your share of the plan may include:
- Employee deferrals: Often 100% vested and always part of the divisible account.
- Employer contributions (matches or profit-sharing): May be subject to a vesting schedule. Only the vested portion at the date of division can be allocated to the former spouse.
The QDRO should specifically address how to handle both vested and unvested amounts. If you’re the non-employee spouse, be clear on what you’re entitled to and what portion may be forfeited.

