Employee and Employer Contributions
Contributions made by the employee are almost always treated as marital assets if they were made during the marriage. However, employer contributions—such as matching funds—may have vesting schedules. If your spouse hasn’t met the vesting requirements, those amounts may not yet be theirs to divide. It’s common to draft QDROs to transfer “50% of the marital portion of the vested balance” to the alternate payee.

