1. Employee and Employer Contributions
The Bray Trucking, Inc.. Retirement Savings Plan includes both employee contributions (what the employee puts in) and employer contributions (what the company contributes). In most divorce cases, all contributions made during the marriage are considered marital property and subject to division—whether they came from the employee or employer.
However, employers often have vesting schedules on their contributions. So while the account balance might show a large total, only the vested portion may be available for division via a QDRO. Your QDRO should accurately reflect what portion of the employer match is marital and vested as of the cutoff date (usually the date of separation or dissolution).

