1. Dividing Employee and Employer Contributions
Ownership depends on how the plan contributions were structured. The employee’s deferral contributions are generally 100% vested and will be divided based on marital property laws in your state. However, employer matching contributions may be subject to a vesting schedule. This means some of the employer contributions might not be fully earned (vested) at the time of divorce. The QDRO cannot award more than what is vested at the time of the division unless otherwise agreed by both parties.

