Employee and Employer Contribution Divisions
A key function of the QDRO is determining whether to divide only the employee contributions or include employer matching and profit-sharing contributions as well. Most divorcing spouses split the entire vested balance as of the date of separation or divorce. Be sure the QDRO clearly specifies whether:
- The division includes both employee and employer contributions
- Only vested amounts are subject to division
- Any future contributions will be split
Why is this important? Because employer contributions often follow a vesting schedule which determines when the employee fully owns that portion of the account.

