Employee vs. Employer Contributions
The QDRO can divide both employee and employer contributions. However, not all employer contributions may be fully vested. If the employee isn’t 100% vested in the employer’s contributions at the time of divorce, some of those funds may be forfeited, meaning they can’t be awarded to the alternate payee.
In your QDRO, make sure to clarify whether the division includes only vested amounts or unvested portions too. If the order includes unvested parts, you’ll need to include language that instructs the plan on how to handle forfeitures.

