1. Employee vs. Employer Contributions
The first step is identifying which dollars are subject to division. Employee contributions are fully owned by the participant, but employer contributions may be subject to a vesting schedule. If you or your spouse is not 100% vested, part of the account may not be divisible.
The QDRO needs to specify whether the percentage awarded to the alternate payee applies to:
- The total account (including unvested employer funds)
- Only the vested portion
A well-drafted QDRO defines this upfront to avoid disputes later when the plan administrator implements it.

