1. Employee vs. Employer Contributions
Both employee deferrals and employer profit-sharing contributions may be marital property. But employer contributions often come with vesting schedules, which affect how much of those funds are actually available to divide.
Your QDRO needs to distinguish between:
- Employee Contributions – Typically 100% vested and divisible
- Employer Contributions – May be partially unvested, depending on time with the company
Make sure your QDRO outlines whether the alternate payee receives a share of just the vested portion or if they are entitled to a separate interest that includes potential future vesting.

