Employee and Employer Contributions
The employee’s contributions to the plan are typically considered marital property if made during the marriage. Employer contributions, however, may or may not be fully vested at the time of divorce. That’s why it’s important to find out:
- How much of the account was contributed before vs. during the marriage
- Which portions of the employer match are vested
- Whether new contributions are included in the division formula
If some employer contributions are unvested, your QDRO should indicate whether the alternate payee will share in future vesting or only receive the currently vested portion.

