Employee and Employer Contribution Division
The A.o. Hardee & Son Retirement Savings Plan likely includes both employee deferrals and employer matching contributions. In your QDRO, you’ll want to make sure the division covers all eligible amounts—unless the parties specifically limit to just employee contributions.
If your spouse was receiving employer matching contributions, it’s critical to find out how much of that is vested. QDROs can only award the alternate payee (the non-employee spouse) what’s actually vested under the plan rules as of the division date. If a portion of the employer match is not yet vested, it may be excluded from what you can receive.

