Employee vs. Employer Contributions
The employee’s own contributions are always marital property to the extent made during the marriage. Employer contributions, however, depend on the plan’s vesting schedule. Any non-vested balances likely won’t be available to divide unless the participant becomes fully vested post-divorce.
In most plans, employer contributions vest over time—such as 20% per year over five years. It’s critical to check with the plan administrator or obtain a recent participant statement so that the QDRO reflects only what’s actually divisible at the time of divorce.

