1. Employee Contributions vs. Employer Contributions
Many plans have both employee and employer contributions. Employees are always fully vested in what they contribute. However, employer contributions (such as company matches) might be subject to a vesting schedule. That means some of what’s in the account today may not be the participant’s to share.
QDROs for this plan must clearly state which funds are included—just the vested portion as of a specific date, or a portion of future vesting as well. If the divorce agreement doesn’t address it, confusion follows, and that’s where QDROs often get rejected.

