Employee and Employer Contributions
In most divorces, the marital portion of the account includes both employee and employer contributions made during the marriage. However, you must be careful—employer contributions may not be fully vested. Many 401(k) style plans, including the High Tech High Gse 403(b) Plan, have vesting schedules tied to years of service.
The QDRO must clearly state whether it includes only vested amounts or accounts for possible future vesting. Otherwise, the alternate payee could request a share the participant is not entitled to keep.

