1. Employee vs. Employer Contributions
Employee contributions are generally fully vested and easier to divide. However, employer contributions may be subject to a vesting schedule. A properly drafted QDRO should clearly state whether it divides only vested amounts as of the date of divorce, or whether it includes future vesting.
If the participant is not fully vested, the alternative payee may lose a portion of the benefit unless the QDRO accounts for future vesting or specifies language to include forfeited amounts if later restored.

