Dividing Employee and Employer Contributions
In a QDRO, both employee contributions and vested employer contributions are eligible for division. However, only what’s vested can be assigned to the alternate payee. Any unvested portion at the time of divorce typically remains with the plan participant and may be forfeited depending on the vesting schedule.
- Employee deferrals are always 100% vested
- Employer contributions vest over time and may not be fully available
- The QDRO can assign a percentage or dollar amount—but it’s limited to what’s available and vested as of a certain date

