Employee and Employer Contributions
Your QDRO must clearly identify whether it divides only the employee’s contributions (which are always 100% vested) or includes matching employer contributions. Here’s the tricky part: employer contributions might be subject to a vesting schedule.
If the QDRO attempts to divide non-vested employer contributions, the alternate payee (usually the non-employee spouse) could end up being awarded something that never materializes. This is why clear language regarding the valuation date and entitlement to vested amounts only is essential.

