1. Employee vs. Employer Contributions
If your former spouse received employer matching or profit-sharing contributions, those may not be fully vested. That means they might lose a portion of their balance if they leave the company early. A well-drafted QDRO should:
- Specify the date used to determine the marital portion (e.g., the date of divorce or separation)
- Clarify whether the alternate payee will share in gains/losses after that date
- Address how to treat unvested funds—as excluded or delayed distribution until vesting occurs

