Dividing Employee and Employer Contributions
The participant’s own contributions and account growth are typically considered marital property. However, employer contributions and how they vest can affect what’s eligible for division. In this general business plan sponsored by Tripoint solutions, LLC, we often see:
- Employer contributions subject to a vesting schedule: If the participant isn’t fully vested, part of the employer’s contributions may be forfeited later. The QDRO should only assign the vested balance unless you’ve agreed otherwise in the divorce.
- Employee contributions 100% vested: These are fully countable toward division and easier to assign in the order.

