Dividing Employee and Employer Contributions
The Intellihot Inc.. Retirement Savings Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. In most divorce cases, only marital portions of the account are divided. That means any amounts earned during the marriage—whether from employee deferrals or employer contributions—are generally subject to division under a QDRO.
However, employer contributions often come with a vesting schedule. That means part of the employer money may not fully belong to your spouse (the participant) at the time of divorce. We make sure to account for that in the QDRO, clearly spelling out that only vested balances are split—or including a provision to divide newly vested funds if you and your attorney agree it’s needed.

