Employee and Employer Contributions
The first step is determining how much of the plan should be divided and whether it includes just employee contributions, employer contributions, or both. Employer contributions may be subject to a vesting schedule, which means not all of the balance may be considered marital property at the time of divorce.
- Fully vested amounts can be divided via QDRO.
- Unvested employer contributions are not typically eligible for immediate division but may become relevant later if the participant remains employed.

