Employee and Employer Contributions
One of the first issues you’ll face is how to divide contributions. Employee contributions are always vested and available for division. Employer contributions, however, may be subject to a vesting schedule. The QDRO needs to clearly specify whether unvested employer contributions as of the valuation date are included or excluded.
You should also consider whether to include earnings and losses on the divided amount up to the date of distribution. This is a common oversight and one of themost common QDRO mistakes.

