Employee vs. Employer Contributions
One of the most common challenges in QDRO drafting is distinguishing between employee and employer contributions. With a 401(k) like the Sagebrush Pipeline Equipment Co.., LLC 401(k) Plan, the employee’s pre-tax or Roth contributions are automatically marital property if earned during the marriage.
However, employer matching funds may have vesting schedules. This means a percentage of those funds may not be “owned” by the employee unless they’ve met certain years-of-service milestones. A good QDRO will specify whether the Alternate Payee gets a share of only the vested portion or if they’re awarded a share of anything that vested later, if based on marital service.

