Employee vs. Employer Contributions
One of the most important questions in dividing this plan is: What contributions are marital property?
- Employee elective deferrals made during the marriage are usually considered marital.
- Employer contributions may be subject to a vesting schedule. QDROs can only divide vested amounts unless otherwise agreed in the divorce.
It’s essential to examine the plan’s Summary Plan Description (SPD), as vesting schedules can vary significantly.

