Employee Contributions vs. Employer Contributions
Participant contributions made during the marriage are considered marital assets and are typically divided. However, employer contributions are often subject to a vesting schedule. Vesting means your spouse may not be entitled to the full employer match unless enough time has passed. In the QDRO, it’s essential to address which portion of the employer contributions are vested and should be divided.
We always recommend clarifying the cut-off date, such as the separation or divorce judgment date, to determine which contributions are considered marital.

