Employee and Employer Contribution Divisions
In most cases, contributions made during the marriage—including by both the employee and the employer—are considered marital property. However, only vested portions of employer contributions can be divided. When drafting a QDRO, it’s crucial to:
- Clarify whether pre-marriage contributions are excluded
- State whether gains and losses should be included from the division date to the distribution date
- Request a specific percentage or dollar amount
If a participant has unvested employer contributions or other non-marital amounts, these must be treated with care. Overreaching in the QDRO’s language can get the order rejected—or worse, challenged later in court.

