Employee vs. Employer Contributions
One key thing to figure out is what part of the balance is fair game. A QDRO can divide:
- Employee contributions made during the marriage
- Vested employer contributions made during the marriage
Keep in mind, the employer may have made contributions that didn’t fully vest by the date of separation or divorce. The QDRO should clearly state whether the alternate payee is entitled only to vested amounts or unvested amounts too (which may be forfeited if the employee leaves before full vesting).

