1. Employee and Employer Contributions
Both employee and employer contributions can be part of the marital estate. However, employer contributions often come with vesting schedules. If the employee spouse is not fully vested, the non-employee spouse may receive only a portion of the employer-funded benefits.
In your QDRO, you’ll want to clearly state:
- Whether the award includes just the employee’s contributions or also vested employer amounts
- How to treat forfeited, unvested contributions if the employee leaves the company

