Employee vs. Employer Contributions
The plan likely includes both employee salary deferrals and employer-matching contributions. A QDRO should clearly indicate whether the former spouse (called the “alternate payee”) is receiving a portion of all plan assets or only certain parts, such as just the employee’s contributions.
In some cases, employers may contribute on a vesting schedule. That’s where it gets tricky: unvested employer contributions are not always divided or may be forfeited if the employee leaves early. Make sure your QDRO excludes unvested funds unless the participant is fully vested.

