Employee and Employer Contribution Division
This plan likely includes both employee deferrals and employer matching or profit-sharing contributions. In most divorces, marital interest in the account includes all contributions made during the marriage—regardless of who actually earned them. However, employer contributions may be subject to a vesting schedule.
Your QDRO must specify how to handle both vested and non-vested funds. A well-drafted order will avoid awarding benefits the participant doesn’t own yet and clearly define how forfeitures or future vesting are treated.

