1. Employee vs. Employer Contributions
The plan likely consists of both employee deferrals and employer matching contributions. Only the vested portion of employer contributions can be divided in a QDRO. If your spouse is not fully vested, some of the employer funds may not be available for division.
Make sure the QDRO clearly identifies:
- The date used to calculate the alternate payee’s share (often referred to as the “division date” or “valuation date”)
- Whether only vested amounts are to be divided or if the alternate payee will receive a share of future vesting

