Employee vs. Employer Contributions
Employee contributions are generally considered marital property from the date of marriage to the date of separation or divorce. However, employer contributions may be subject to a vesting schedule. Any unvested portion is not typically divisible, meaning that the QDRO can only allocate the vested portion earned during the marriage.
It’s crucial that the QDRO language makes clear distinctions between vested and unvested employer contributions, especially in plans like this where we do not yet have full account transparency. Ask the participant or plan administrator for a breakdown of vested account balances.

