Employee and Employer Contributions
One of the first considerations is separating the employee’s contributions from those made by the employer. Contributions made by the participating employee during the marriage are generally considered community or marital property. However, employer contributions might be partially unvested. This distinction matters.
To avoid issues, your QDRO must:
- Specify the timeframe for division (e.g., date of marriage to date of separation)
- Address how to allocate any amounts contributed after separation but before divorce finalization
- Exclude unvested employer contributions unless stated otherwise in the divorce agreement

