Employee vs. Employer Contributions
- Employee contributions are usually considered marital property if made during the marriage and are always 100% vested.
- Employer contributions may be subject to a vesting schedule. Only the vested portion is divisible under a QDRO.
It’s important to understand whether some of the employer contributions are forfeitable and how the plan tracks vested vs. non-vested balances. This helps in setting realistic expectations and drafting precise language in the QDRO.

