Employee and Employer Contributions
Both types of contributions can be included in the marital estate. Typically, employee (pretax or Roth) contributions are fully vested immediately. Employer contributions, however, may be governed by a vesting schedule. The QDRO must specify whether it includes:
- Only vested employer contributions
- A portion of unvested employer contributions earned during the marriage
- Excludes employer contributions entirely
If your spouse has worked at the company for only a few years, some of their employer match may not yet be vested and could be forfeited after divorce.

