Employee vs. Employer Contributions
Employee contributions are always considered marital property if made during the marriage. However, employer contributions may be subject to a vesting schedule. If the participant hasn’t worked at Creative modular construction, LLC long enough, some of the employer contributions may be unvested—and therefore not available to divide in divorce. A well-drafted QDRO should clearly identify how vested vs. unvested funds are to be handled, or clarify that only the vested portion is divisible.

