Employee and Employer Contributions
The first thing to look at is who contributed to the account and how the contributions were matched:
- Employee Contributions: These are always 100% the participant’s and are considered marital property if earned during the marriage.
- Employer Contributions: These may be subject to a vesting schedule. If not fully vested at the time of divorce, only the vested portion can be divided.
In a QDRO, it’s important to clarify which contributions are being split. For example, if you want to divide the entire balance, your language must include both employee and vested employer funds.

