Employee vs. Employer Contributions
The employee’s contributions are always considered marital assets during the marriage, but employer contributions might not be. It depends on when they were made and whether they are vested. If part of the employer match hasn’t vested yet, those shares are usually excluded from division at the time of divorce.
QDROs can either award a flat dollar amount or a percentage of the account balance as of a specific date, such as the date of separation, divorce, or agreement. Make sure your order is clear about what’s included—especially if you want to include or exclude vested employer contributions.

