Employee and Employer Contributions
Employee contributions—including any pre-tax or Roth deferrals—are marital property if made during the marriage. These can typically be split by assigning a percentage or flat dollar amount as of a set valuation date.
Employer contributions, however, may be subject to a vesting schedule. That means if they’re not fully vested at the time of the divorce, the non-employee spouse (also called the “Alternate Payee”) might receive less than expected. The QDRO should clearly state how to address unvested contributions and what happens if those funds become vested later.

