Employee and Employer Contributions
This plan likely includes both employee salary deferrals and employer matching funds. The QDRO must clearly state whether both types of contributions are being divided. Typically, you divide the marital portion—what was earned during the marriage. Contributions made before or after that time usually remain the employee’s separate property.
This is especially important if the employer match includes a vesting schedule. If part of the employer contributions are not yet vested, they could be forfeited entirely after separation. Your QDRO should outline how to handle these unvested funds—especially if they later become vested post-divorce.

