Employee vs. Employer Contributions
One of the first decisions in a QDRO is identifying which portion of the account will be divided. The employee’s contributions are generally considered marital property to the extent they were made during the marriage. But contributions from the employer—especially those conditioned on a vesting schedule—may not be fully accessible.
The QDRO should clearly outline how to divide contributions and specify whether it covers just the vested portions or if unvested amounts are included once they vest.

