1. Employee vs. Employer Contributions
The employee’s own contributions are almost always 100% theirs and easily divisible. However, any employer contributions—like profit-sharing or matching—might be subject to a vesting schedule. If the employee isn’t fully vested, they may lose a portion of those employer dollars after leaving the company, especially if they terminate employment post-divorce.
Make sure your QDRO specifies that the alternate payee’s share comes only from vested benefits—or includes a structure for how forfeitures are handled.

