Employee vs. Employer Contributions
Only vested portions of employer contributions are subject to division by a QDRO. It’s crucial to distinguish:
- Employee contributions (typically 100% vested immediately): These can be divided based on the agreed percentage or dollar amount.
- Employer contributions (can be subject to a vesting schedule): If the employee isn’t fully vested, the non-employee spouse may receive less or nothing from those portions.
Do not assume all balances are fair game. Ask the plan administrator for detailed breakdowns of the vested vs. unvested balances.

