Employee vs. Employer Contributions
Contributions made directly by the employee are generally always subject to division if contributed during the marriage. However, employer contributions may have a vesting schedule. This means:
- Vested employer contributions are divisible in a QDRO.
- Unvested employer contributions remain the property of the participant until vested—these are typically excluded from division.
Be sure your QDRO references only vested balances as of the assigned date (usually the date of separation or judgment).

