Employee and Employer Contribution Divisions
Most QDROs divide what’s called the “marital portion” of the account, typically determined based on contributions made during the marriage. Both employee and employer contributions can be marital property.
However, employer contributions may be subject to vesting rules. If they’re not fully vested at the time of division, the unvested portion may be excluded from the alternate payee’s share. A properly drafted QDRO should address how to handle unvested contributions—and what happens if they vest later.

