Employee and Employer Contribution Division
Participant accounts generally include both employee deferrals and employer matching contributions. However, employer contributions are often subject to vesting schedules. In other words, your ex-spouse may not be entitled to the full employer match if some of those contributions aren’t vested at the time of divorce.
It’s critical to determine whether the QDRO will divide only the vested portion or include future vesting. Some QDROs can be drafted to grant the alternate payee a share of future vesting (often called a “shared interest” approach), but it depends on what the parties have negotiated and what the plan allows.

