Employee Contributions vs. Employer Contributions
The employee’s contributions and gains earned during marriage are generally considered marital property and are divisible under a QDRO. But be cautious when it comes to employer contributions:
- Some employer contributions may be subject to a vesting schedule.
- Unvested amounts are typically not awarded to the alternate payee.
- If the plan participant forfeits any employer contributions after leaving the company, the alternate payee will not receive that portion either.

