1. Dividing Employee vs. Employer Contributions
This plan likely includes both employee salary deferrals and employer profit-sharing contributions. Under QDRO law, both types of contributions can be divided. However, employer contributions may be subject to a vesting schedule, which could limit how much a former spouse is entitled to.
Make sure the QDRO clearly states whether it applies to the total account balance or only the vested portion. If the plan uses a graded vesting schedule, amounts not yet vested at the time of divorce may be forfeited.

