Employee and Employer Contributions
In most cases, both employee and employer contributions made during the marriage are subject to division. However, there’s often a vesting schedule on employer contributions, which means not all funds may belong to the employee spouse at the time of divorce.
Your QDRO needs to specify:
- If only vested employer contributions are divided
- Whether pre-marital or post-marital contributions are excluded
- How earnings or losses are handled from date of division to date of distribution

