1. Dividing Employee and Employer Contributions
This plan likely includes both employee (participant) contributions and employer-matching or discretionary contributions. These contributions may not always be fully vested at the time of divorce. A properly drafted QDRO should specify whether:
- The alternate payee shares in just the vested account balance
- Or also in contributions that vest after the divorce
Vesting schedules can be complex. If the divorce occurs before certain employer contributions are fully vested, those funds may be lost unless the QDRO accounts for them.

