Employee vs. Employer Contributions
One of the most common issues in these plans is determining what’s marital property. Typically, employee contributions made during the marriage are considered divisible. Employer contributions may also be divisible—but only if they’re vested. Be sure to verify:
- The percentage of employer contributions that are vested
- The vesting schedule and any forfeiture if the plan participant leaves employment
The QDRO should clearly spell out that only vested amounts will be divided if that’s the intent. Failing to clarify this can delay processing or result in inequitable divisions.

