Dividing Employee and Employer Contributions
One of the most important aspects of dividing this plan will be determining what portion of the contributions are marital property. Typically, employee contributions made during the marriage are divisible. Employer contributions, however, can be subject to vesting. That means if the participant wasn’t fully vested at the time of divorce, a portion of those employer contributions might not be counted in the division.
The QDRO needs to clearly state whether the alternate payee is entitled to both employee and employer contributions, and whether it includes vested balances only or covers future vesting.

