Employee vs. Employer Contributions
The participant’s own contributions, plus earnings, are typically 100% marital property and divisible. But employer contributions may be subject to a vesting schedule —which determines how much the participant has actually earned at the time of divorce. The QDRO must carefully account for these vested versus non-vested funds.
- Fully vested employer contributions = divisible
- Unvested contributions = not typically eligible for division
- Be cautious if vesting occurs shortly after the divorce date

