1. Employee vs. Employer Contributions
The plan likely includes contributions made by the employee (also known as elective deferrals) as well as employer-matching or profit-sharing contributions. Only vested employer contributions can be divided. If a portion of the employer contributions is not vested at the time of divorce or QDRO, that portion often reverts back to the plan—not to the spouse.
Your QDRO must specify whether the alternate payee is entitled only to the vested balance as of a certain date (e.g., date of separation or date of division). At PeacockQDROs, we ensure we request full vesting information from the plan administrator and language that protects your right to your share.

