1. Employee vs. Employer Contributions
QDROs often divide only the portions that are marital property. This includes both employee deferrals (what the participant put in) and employer contributions (what the plan sponsor added). In many cases, employer contributions may be subject to a vesting schedule. If part of the employer’s contribution isn’t vested at the time of divorce, it could be lost (forfeited) later.
Important tip: Define the marital cut-off date clearly in your QDRO—whether it’s the date of separation, divorce filing, or the actual dissolution—so it’s clear which contributions are included.

