Dividing Employee and Employer Contributions
When splitting accounts, it’s important to distinguish between the money the employee contributed (employee deferrals) and the employer’s portion (typically discretionary matching or profit-sharing contributions).
- Employee Contributions: These are usually 100% vested and fully divisible in a QDRO.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion can be divided. Unvested amounts are typically forfeited when employment ends.

