Employee and Employer Contributions
In most divorces, both employee and employer contributions are considered marital property if they were earned during the marriage. The QDRO should clearly state whether the alternate payee is entitled to:
- A percentage of the total account as of a specified date (e.g., date of separation or divorce)
- Only the vested portion of employer contributions
- Investment gains or losses on their share
Because employer contributions are often subject to vesting, be sure to clarify whether you’re dividing only vested portions or all contributions regardless of vesting status.

