1. Employee vs. Employer Contributions
Typically, employee contributions are 100% owned by the account holder and included in marital property subject to division. Employer contributions, however, may be subject to a vesting schedule. If the employee isn’t 100% vested yet, some of those employer-funded amounts may not be divisible. If the employee separates from the company before fully vesting, some employer contributions may be forfeited entirely.
Ensure your QDRO only awards vested amounts unless the parties agree differently—and watch out for forfeiture clauses.

