Employee and Employer Contributions
This plan likely includes both employee deferrals and employer matching or profit-sharing contributions. Only the portion accrued during the marriage is usually considered marital property. But employer contributions may have a vesting schedule, and unvested amounts are typically not divisible unless expressly addressed in the divorce or QDRO.
We always recommend spelling out these details in the QDRO to avoid confusion later—especially if the participant will vest in additional funds after the divorce.

