Employee and Employer Contributions
Contributions made by the employee during the marriage are generally marital property and subject to division. Employer contributions may or may not be partially vested, depending on how long the participant worked with the company. You’ll want to:
- Establish the date range during which contributions are marital
- Determine if all employer contributions are vested
- Adjust for any forfeited or non-vested amounts
Unvested portions might revert to the plan participant. A skilled QDRO drafter can insert protective language to ensure the alternate payee still gets their share from the vested portion—even if the unvested balance later becomes available.

