1. Employee and Employer Contributions
The employee’s contributions are always theirs to divide. However, employer contributions might be subject to a vesting schedule. You’ll need to determine whether vested employer contributions were earned during the marriage, as only vested amounts are divisible in a QDRO.
If a portion of employer contributions are unvested at the time of divorce but become vested later, this must be clearly addressed in the QDRO. We can draft provisions to include or exclude future-vested amounts depending on the intent of your divorce agreement.

