Employee and Employer Contributions
In most cases, all contributions made during the marriage are considered marital property—even if only one spouse contributed. However, the exact amount subject to division depends on:
- Whether contributions were made before or after the marriage
- The length of time the participant was employed during the marriage
- Company matching contributions that may be partially unvested
In community property states, it’s common to divide the “marital portion,” usually calculated by a time-based formula. That’s something we at PeacockQDROs handle every day when we prepare QDROs from start to finish.

