Employee and Employer Contribution Division
One of the most common questions we get is how to divide plan contributions. The employee’s contributions are always included in the marital portion (unless clearly kept separate), but employer contributions are subject to vesting rules.
Many profit-sharing components vest over time. This means some of those employer-funded amounts might still be “unvested” as of the date of divorce—and therefore not subject to division. The plan’s vesting schedule must be reviewed carefully before drafting the QDRO.

