Employee vs. Employer Contributions
The first step is identifying if the account includes both employee and employer contributions. Generally, employee contributions are marital property if made during the marriage. Employer contributions, especially profit sharing amounts, might be subject to vesting schedules.
Here’s what needs to be considered:
- If the contributions occurred during the marriage, they may be equally divided.
- Unvested employer contributions are not always subject to division.
- The QDRO must indicate whether only vested amounts as of the divorce date—or a later date—should be divided.

