Employee vs. Employer Contributions
The account holder’s own contributions and gains on those contributions are always considered marital in nature if made during the marriage. Employer contributions, on the other hand, may not be fully vested. If any portion is unvested, the alternate payee might not be entitled to it.
The QDRO must clearly specify whether the division applies to only the vested balance or includes future vesting. We usually recommend including a clause about forfeiture of unvested amounts to protect both parties from unrealistic expectations.

