Employee vs. Employer Contributions
Employee contributions (your own paycheck deferrals) are usually 100% yours and immediately vested. But employer contributions, such as profit sharing or matching funds, often follow a vesting schedule. That means your right to keep those contributions depends on how long you’ve worked at the company.
In a divorce, we identify which amounts were earned during the marriage. Then we confirm how much of that is vested versus unvested. QDROs should clearly state whether your ex is entitled only to the vested portion or a share that could include future vesting. If you’re splitting this plan, and you’re not yet fully vested, this could affect your spouse’s award amount.

