Employee and Employer Contributions
Dividing the account isn’t just about the balance. You have to consider:
- Employee Contributions: These usually belong entirely to the employee from the moment they’re deposited.
- Employer Contributions: These may be subject to a vesting schedule. If not fully vested at the time of divorce, part of the balance may eventually be forfeited by the participant and not available to divide.
It’s important for your QDRO to specify how to handle any unvested employer contributions. Otherwise, the alternate payee could end up receiving less than expected if funds are forfeited.

