1. Employee and Employer Contribution Division
QDROs can designate a percentage or fixed dollar amount of the participant’s account to the alternate payee (usually the ex-spouse). It’s crucial to clarify whether you’re dividing just the employee’s contributions or also the vested portion of employer contributions.
Be aware: if employer contributions are subject to a vesting schedule, the QDRO cannot assign unvested funds to the alternate payee unless the participant later vests fully. The language of the QDRO should clearly state how to handle any future vesting.

