Employee vs. Employer Contributions
One of the most important things to address is whether both employee and employer contributions are being divided. Usually, employee contributions are 100% vested and will be included. Employer contributions, however, may be subject to a vesting schedule—meaning only a portion may be considered part of the marital estate at the time of division.
When dealing with the Twin Management, LLC Employees Savings Trust, it’s critical to obtain a copy of the plan’s Summary Plan Description or request a participant statement that shows vested vs. unvested balances. A QDRO can include explicit language about excluding or conditionally dividing unvested portions.

