1. Employee and Employer Contribution Divisions
In most cases, the employee’s contributions are 100% vested and easier to divide. Employer contributions, however, may follow a vesting schedule. This is critical. If the participant spouse hasn’t met the vesting requirement (usually based on years of service), a portion of the employer contributions might not be retainable or divisible.
The QDRO should state clearly whether it divides only the vested balance or includes unvested portions that may vest later. Without mentioning this, the alternate payee may lose out on future vested amounts if the participant remains with the employer.

