1. Employee and Employer Contributions
Employer contributions often come with vesting schedules. This means that not all employer-funded amounts in the account are immediately claimable by the participating employee. Only the vested portion of employer contributions is subject to division under a QDRO.
If the participant is not fully vested at the time of divorce, you may need to specify whether the alternate payee’s share will recalculate if more contributions vest later—or not. This is a crucial point to get right in the drafting process.

