Employee vs. Employer Contributions
In a divorce, contributions made directly by the employee are typically 100% yours, subject to being split with your spouse based on the marital timeline. However, employer contributions—especially profit sharing—are often subject to a vesting schedule. If the employee hasn’t worked long enough to be fully vested, only the vested portion is subject to division.
You must be sure your QDRO accounts for:
- How much of the employer match is vested
- The start and end dates of the marriage
- Whether unvested amounts are excluded or included pending future vesting

