Employee and Employer Contributions
Employee contributions are always 100% vested, which means they’re available to be divided, regardless of length of employment. Employer contributions, particularly profit-sharing, may be subject to a vesting schedule. If the employee hasn’t met the vesting requirements, some of those contributions may be non-marital and not available for division.
In this scenario, your QDRO must include clear instructions on how to treat unvested employer contributions. We often recommend a “shared interest” approach where only the vested portion is divided, unless the parties agree otherwise.

