Dividing Employee and Employer Contributions
Both employee deferrals and employer contributions are generally divisible in a QDRO, but they may be treated differently based on the vesting schedule. Employee elective deferrals are always 100% vested. Employer matching or profit-sharing contributions may be partially or fully unvested at the time of divorce. The QDRO must clearly specify whether the alternate payee (usually the former spouse) is only receiving vested amounts or is also entitled to undistributed future vesting earned prior to divorce.

