Employee vs. Employer Contributions
One of the first issues to address in your divorce agreement is whether both employee and employer contributions are being divided. The participant’s salary deferrals are always marital property if earned during the marriage. However, employer contributions may be subject to a vesting schedule.
Make sure your QDRO clearly states whether unvested employer amounts should be included, and if not, whether the alternate payee receives only vested sums as of the cutoff date (e.g., date of separation or divorce filing).

