Employee and Employer Contributions
Both you and your spouse’s contributions during the marriage are generally considered marital property. For the Cincy Clips, Inc.. 401(k) Retirement Savings Plan, that includes:
- Employee Deferrals: These are fully vested and usually easy to divide.
- Employer Contributions: These might be subject to a vesting schedule. If the employee spouse isn’t fully vested, some of the employer match may not be divisible.
In QDRO drafting, we often specify that each party will only receive the vested portion as of a certain date. If vesting is uncertain, we can include language that limits the award to what is actually vested at the time of transfer.

