Employee vs. Employer Contributions
The participant’s contributions are usually fully vested immediately, meaning they are includable in the QDRO division. However, employer contributions might be subject to a vesting schedule. If the employee is not fully vested, the alternate payee may not be entitled to the full balance.
In dividing the The University Club of the City of Washington, D.c. 401(k) Plan and Trust, it’s important to note the dates of marriage and separation. Only those contributions accrued during the marital period are considered marital property in community property or equitable distribution states.

