1. Employee vs. Employer Contributions
This plan likely includes both employee deferrals and employer matching or discretionary contributions. While employee funds are typically 100% vested, employer contributions may be subject to a vesting schedule. That means part of the employer match might not belong to the employee (or the spouse) if they leave the company too early. A solid QDRO will identify and include only the vested portion of the employer funds, and the valuation date should be set accordingly.

