Employee vs. Employer Contributions
Employee contributions are almost always considered 100% vested and should be included in the marital estate if made during the marriage. Employer contributions, however, often have a vesting schedule. For example, an employer might require six years of service before the employee is fully vested.
When preparing a QDRO, it’s important to specify that only vested portions of the account are divided—or, if appropriate, define retroactive valuation dates to calculate a fair division on marital assets only.

