Employee vs. Employer Contributions
One of the biggest points of confusion in QDROs is which contributions are divisible. Generally, both employee and vested employer contributions are eligible for division. However, only amounts earned during the marriage are typically considered marital property.
- Employee contributions are always fully vested and eligible to divide.
- Employer contributions may be subject to a vesting schedule, meaning the participant may not own the full balance yet.
- Unvested employer contributions often cannot be shared with the alternate payee unless they become vested before the divorce is finalized or as part of the settlement.

