Employee and Employer Contributions—What Gets Divided?
Both employee (participant) contributions and any matching or discretionary contributions made by the employer can be divided. However, you’ll need to confirm what part of the employer contributions are vested.
- Vested Contributions: Only the vested portion of employer contributions will be available for division. If your spouse hasn’t worked long enough to be fully vested, you may receive less than anticipated. The QDRO must specifically address this and restrict division only to vested portions.
- Employee Contributions: Fully considered marital property and typically included in the marital estate.

