Employee vs. Employer Contributions
One of the first things to examine is how the account was funded. The employee (participant) contributes pre-tax or Roth funds, while the company may also contribute matching or profit-sharing dollars.
In a QDRO, it’s important to specify whether the alternate payee (ex-spouse) is receiving a share of just the employee’s contributions, the total vested balance, or a percentage of the entire account including all employer contributions. If the employer contributions are not fully vested, the QDRO language should account for that.

