Employee and Employer Contributions
These types of plans often contain a mix of employee deferrals (optional contributions directly from paychecks) and employer contributions (usually subject to a vesting schedule). A QDRO can divide one or both types of contributions, but keep in mind the following:
- Employee Contributions are fully vested and can be divided in a QDRO without complication.
- Employer Contributions may not be fully vested. If an employee isn’t fully vested at the time of divorce or QDRO, only the vested portion can be assigned to the alternate payee (usually the other spouse).
For example, if your spouse is only 60% vested in employer contributions, you may only be entitled to a fraction of the employer-funded balance unless the QDRO specifies a future-date evaluation (like upon full vesting).

