Employee and Employer Contributions
This plan likely includes both employee deferrals and company matching contributions. The portion contributed by the employee during the marriage is usually subject to division. Employer contributions, however, are often subject to a vesting schedule. If your spouse isn’t fully vested, only the vested portion is divisible at the time of divorce. Any unvested portion will eventually forfeit or vest later—and your QDRO must clearly state what happens in that event.

