Employee vs. Employer Contributions
Typically, the employee’s contributions (i.e., the portion they’ve personally deferred from their paycheck) are always 100% owned by the participant and thus divisible. However, employer contributions may be subject to a vesting schedule. That means:
- If your spouse wasn’t fully vested in employer contributions, part of the account may be forfeited at divorce or plan exit.
- Only vested employer funds can be divided under the QDRO.
At PeacockQDROs, we work with you to verify the latest vesting percentages to avoid over- or under-allocating unvested amounts.

