Employee and Employer Contributions
The QDRO should clearly define how both employee contributions and employer match contributions will be divided. Typically, only amounts accrued during the marriage are considered marital property. However, employer matching contributions may be subject to a vesting schedule.
- Employee Contributions: 100% owned by the participant, and usually divisible to the extent they accumulated during the period of marriage.
- Employer Contributions: Subject to a vesting schedule. Only vested amounts can be assigned to the former spouse (Alternate Payee).
If your spouse accrued significant employer contributions that are only partially vested, that too should be flagged in the QDRO. We can help ensure any forfeited, non-vested amounts are accounted for properly.

