1. Employee vs. Employer Contributions
One common mistake is assuming every dollar in the account is marital property. That’s not automatically true, especially if some of the contributions were made before the marriage or after separation. In this plan type:
- Employee deferrals are always 100% vested and marital if earned during the marriage.
- Employer matching or profit-sharing contributions may be partially vested depending on the plan’s schedule.
We make sure the QDRO clarifies what is includable and whether the division includes employer contributions according to the participant’s vesting status at the time of distribution or another agreed-upon date.

