1. Dividing Employee and Employer Contributions
Contributions from both participant and employer are subject to division under a QDRO. However, whether the non-employee spouse (called the “Alternate Payee”) can receive a portion of employer contributions depends on the vesting schedule in place at the time of divorce.
- Employee contributions: These are always 100% vested and available for division.
- Employer contributions: May be partially or fully unvested. The non-employee spouse can only receive the portion that is vested at the time stated in the order.
It’s critical to define the division date—also called the “Valuation Date”—in the QDRO. Ideally, this matches the marital separation date or some other agreed-upon point in time.

