1. Employee Contributions vs. Employer Contributions
The QDRO must address both types. Usually, an employee’s contributions are fully vested, but employer contributions may be subject to a vesting schedule. You should clarify if the alternate payee (typically the former spouse) will receive:
- A portion of the total account as of a specific date (e.g., the date of separation or divorce)
- Only the vested portion, or potentially both vested and non-vested balances (with any unvested portion reverting to the participant if not vested later)

