1. Employee and Employer Contributions
The participant (your ex-spouse) may have both employee contributions (which are always 100% vested) and employer profit-sharing contributions (which often vest over time). If the QDRO tries to divide amounts that aren’t yet vested, the alternate payee (you or your spouse) might not receive those funds unless clearly stated that the division applies only to vested amounts.
Tip from PeacockQDROs: Clearly specify in the QDRO whether the division applies only to vested funds as of the date of the order or includes future vesting. Pay close attention to forfeiture clauses.

