Employee vs. Employer Contributions
In a divorce, both employee contributions and employer contributions are subject to division—depending on when they were accrued. However, not all employer contributions may belong to the employee at the time of divorce. That comes down to the vesting schedule.
The QDRO should clarify:
- Whether the alternate payee (usually the non-employee spouse) receives a share of just the marital portion or the entire account
- If the marital portion is defined by a cut-off date (e.g., date of separation)
- Whether gains and losses after the cut-off date are included

