Dividing Employee and Employer Contributions
When preparing a QDRO, it’s vital to distinguish whether the order will split:
- Just the employee’s contributions and earnings — these are often fully vested and easier to divide.
- Employer contributions as well — these might be subject to a vesting schedule (especially common in General Business entities).
The key factor is whether the participant was vested in the employer funds at the time of divorce or at the time the QDRO is submitted. Unvested funds may be forfeited and would not be available for division.

