Employee and Employer Contribution Divisions
The plan includes both employee deferrals and—likely—employer matching or profit-sharing contributions. In divorce, both types of contributions are often considered marital property if accrued during the marriage.
However, it’s important to determine if the employer contributions are fully vested. If they’re not, your QDRO needs to address whether the alternate payee shares in any future vesting or forfeiture of those amounts. This is one of the most common QDRO mistakes we see. Learn more about othermistakes to avoid in your QDRO.

