1. Employee vs. Employer Contributions
Both spouses need a clear understanding of which contributions are subject to division. Generally:
- Employee contributions are marital if made during the marriage.
- Employer contributions may have a vesting schedule, meaning some of those funds might not be fully “owned” by the employee spouse yet.
Accurately accounting for the vesting status is essential. We can structure a QDRO that separates only the vested portion or includes future vesting if applicable.

