Employee and Employer Contributions
Your QDRO must distinguish between employee contributions (which are immediately vested) and employer contributions (which may be subject to a vesting schedule). If the participant has not worked long enough to vest fully in employer contributions, you’ll need to consider what portion—if any—of those contributions can be awarded to the alternate payee.
It’s also crucial to determine if employer contributions are continuing beyond the date of separation or divorce. Inaccurate cutoff dates can result in either party receiving more—or less—than agreed.

