Employee vs. Employer Contributions
Employees typically contribute a percentage of their paycheck, while employers may match part of the contribution. Here’s what that means for division:
- Employee contributions are always 100% vested and eligible for division.
- Employer contributions may be subject to a vesting schedule. If a participant isn’t fully vested at the time of divorce, the unvested portion will not be divided unless later earned through continued employment.
It’s critical that your QDRO specify whether the alternate payee should be awarded a share of only the vested balance as of a specific date, or whether the award will include future vesting.

