Employee vs. Employer Contributions
In a divorce, both employee and employer contributions may be divided. However, only the vested portion of employer contributions can be transferred to the alternate payee. Be aware of this distinction:
- Employee deferrals—always 100% vested and generally subject to division
- Employer contributions—only divisible if they are vested at the time of divorce (or as of a set date in the QDRO)
For a fair and enforceable order, your QDRO should clearly identify how to handle these differences in contributions.

