Addressing Employee Contributions vs Employer Contributions
Employee contributions are generally marital property to the extent they were made during the marriage. Employer contributions are also typically divisible, but may be subject to vesting. If the employee (or “participant”) spouse has not been with the company long enough, part of the employer contributions may be unvested—and therefore not divisible between spouses.
This detail must be clearly identified in the QDRO. Any portion that is non-vested cannot legally be awarded to the alternate payee.

