Employee vs Employer Contributions
Most divorcing couples are entitled to divide the marital share of the employee’s contributions to the plan. But if there are matching contributions from the employer, those may or may not be fully vested. In many cases:
- Employee contributions are always 100% vested.
- Employer contributions may vest over a schedule (e.g., 20% per year over five years).
- Unvested portions may be forfeited upon employment termination and may not be accessible under the QDRO, depending on timing.
The QDRO must clearly state how both vested and yet-to-be-vested employer contributions are handled. In many divorces, this distinction becomes crucial in determining how much the alternate payee will actually receive.

