Employee vs. Employer Contributions
In a QDRO, you can divide the account by a specific dollar amount or by a percentage of the account balance as of a particular date. However, it’s important to know what portion of the account is made up of:
- Employee Contributions: These are 100% vested immediately and are usually fair game for division.
- Employer Contributions: These often come with a vesting schedule. Only the vested portion can be assigned to the former spouse in a QDRO. The unvested balance typically reverts back to the plan if the employee leaves before becoming fully vested.
Clarifying vesting status at the time of divorce is essential. This will avoid confusion down the line and make sure the alternate payee isn’t expecting more than the law allows.

