1. Employee and Employer Contributions
In most divorces, the earned portion of retirement contributions during the marriage is considered marital property. That includes both employee deferrals and employer matching or profit-sharing contributions. However, the employer portion often comes with a vesting schedule.
If the participant spouse (the employee) is not yet fully vested, only the vested portion can be divided in the QDRO. Anything unvested at the time of divorce may not be transferable unless it later vests and the order allows post-divorce vesting inclusion.

