1. Employee vs. Employer Contributions
The first core issue is whether to divide all contributions in the account or only the employee’s. Some QDROs limit the alternate payee’s share to only what the employee earned directly. Others include employer matching or profit-sharing contributions.
Important: If your spouse’s employer made contributions, you need to verify whether those contributions are fully vested. If they aren’t, your share (or your former spouse’s) may be reduced based on the vesting percentage at the time of divorce or order drafting.

