1. Contributions: Employee vs. Employer
The plan likely includes both employee contributions (taken directly from paychecks) and employer contributions (possibly based on a match formula). Only vested amounts are divisible. Unvested amounts—whether due to time-based vesting or other conditions—typically stay with the employee unless the schedule is accelerated post-divorce.
If you’re the alternate payee, you’ll want the QDRO to specifically state how both kinds of contributions are to be handled. Be sure to determine the vesting status as of your divorce cut-off date.

