Employee vs. Employer Contributions
Employee contributions are typically 100% owned by the participant from the moment they’re deposited. Employer contributions, however, may come with a vesting schedule dictated by years of service. In a divorce, this matters because:
- Only vested employer contributions can be split via QDRO.
- Unvested amounts are not includable unless specifically allocated to the employee’s vesting service time before the divorce date.
- The plan may later adjust the award if the participant becomes vested post-divorce unless the QDRO accounts for that possibility.

