1. Dividing Employee and Employer Contributions
Employee contributions are always 100% vested and available for division. Employer contributions, however, may be subject to a vesting schedule. That means if your spouse has only been with the company a few years, they may not be entitled to all employer-provided funds.
A well-drafted QDRO will address two options:
- Divide only the employee’s vested account balance
- Divide both vested and unvested employer funds, but award only vested amounts to the alternate payee
We usually recommend the second approach, depending on plan rules. It’s essential to read the SPD to determine what’s possible with this plan.

