Dividing Employee and Employer Contributions
In most cases, both the employee’s and employer’s contributions are subject to division if made during the marriage. However:
- Employee contributions are always fully vested and includable in the marital estate.
- Employer contributions are often subject to a vesting schedule. Only the vested portion can be divided in a QDRO.
Many clients are shocked to learn that a portion of the account labeled “unvested” will not be divided and may even be forfeited depending on the participant’s years of service. That’s why it’s so important to review the latest account statement and vesting schedule before finalizing the QDRO.

