Dividing Contributions: Employee vs. Employer
In most cases, both types of contributions can be divided in a QDRO, but employer contributions may be subject to a vesting schedule. That means the participant doesn’t “own” all the employer money unless they’ve worked a certain number of years. If not fully vested at the time of divorce, a portion of the employer money might be forfeited depending on the plan’s rules.
When structuring a QDRO for this plan, it helps to:
- Specify that only vested portions will be divided
- Clarify the cut-off date for determining vesting (usually date of divorce or account division)

