1. Employee vs. Employer Contributions
The plan likely includes both employee (participant’s) and employer contributions. In many divorce cases, the alternate payee (typically the non-participant spouse) is awarded a portion of only the marital or community portion of the funds. This often means contributions and earnings during the marriage, not before or after.
Employer contributions may be subject to a vesting schedule. Only the vested portion of those funds can be divided through a QDRO. Make sure the QDRO clearly specifies whether the order applies to vested funds only or includes non-vested amounts as well, and who bears the risk if those funds are later forfeited.

