Employee vs. Employer Contributions
The participant (employee) contributes pre-tax or Roth dollars into the account. The employer may match a percentage of those contributions. In a divorce, both types of contributions can be split. However, it’s important to distinguish them in the QDRO.
Employer contributions are also often subject to a vesting schedule, meaning that the participant must work a certain number of years before fully earning those contributions. If a participant hasn’t hit the required years, portions of the employer match may be forfeited. The QDRO should only assign what’s vested at the time of the divorce or include special language to track vesting status post-divorce if allowed.

