Employee and Employer Contributions
A common issue in dividing the Cleanslate Group LLC Retirement Plan relates to how employer contributions are handled. These contributions may or may not be fully vested at the time of divorce. Only the vested portion is divisible under a QDRO. It’s critical to review the vesting schedule, which is typically found in the summary plan description (SPD).
Employee contributions are always 100% vested, so those funds are usually included in the marital share. However, employer contributions may be forfeitable depending on length of service, so they must be evaluated on a case-by-case basis.

