1. Employee vs. Employer Contributions
A key factor is distinguishing between what the employee (participant) has contributed versus what the employer did. Many plans allow the employee to be fully vested in their own contributions but apply a vesting schedule to employer matches.
This means that only the vested portion of employer contributions can be divided in the QDRO. If the participant isn’t fully vested, some funds might be forfeited if a divorce occurs before the required years of service.

