1. Employee vs. Employer Contributions
Understanding how contributions are divided matters. Typically:
- Employee contributions (from paychecks) are always part of the marital share and divisible.
- Employer contributions (like matching or profit-sharing) may include unvested portions that aren’t yet owned by the employee.
Before finalizing the QDRO, it’s important to determine the vesting schedule. If a portion of the employer contributions is unvested as of the cutoff date, that amount may be forfeited and not available to divide.

