Employee vs. Employer Contributions
In most QDROs, employee contributions and vested employer contributions earned during the marriage are divisible. However, unvested employer contributions generally stay with the employee spouse.
- Employee Contributions: Always divisible in a QDRO, regardless of vesting.
- Employer Contributions: Only the vested portion is usually divisible. An accurate QDRO must reflect this cutoff.
It’s important to determine the date used to determine marital assets—this could be the date of separation, the date of divorce filing, or the actual division date, depending on the court order. This decision affects how much of the plan is considered marital property.

