Employee and Employer Contributions
Both employee deferrals and employer matches are divisible under a QDRO, as long as they are vested at the time of division. The QDRO should clearly state whether the alternate payee (typically the ex-spouse) will receive:
- A percentage of the participant’s account balance as of a specific date
- A flat dollar amount
- A share of gains and losses from a certain date to the date of distribution
If the account includes matching contributions from the employer, you must check the vesting schedule to determine how much of that is divisible.

