Employee vs. Employer Contributions
This plan likely includes both employee contributions (which are almost always 100% vested) and employer contributions (which may be subject to a vesting schedule). Under ERISA law, a QDRO can only divide vested amounts. That means if your divorce is finalized before certain employer contributions vest, the former spouse may not be entitled to them.
Make sure you get a vested balance report from the plan administrator before finalizing the QDRO language. If the non-employee spouse tries to claim unvested funds, the plan will reject the QDRO or reduce the payout.

