Employer vs. Employee Contributions
Employee contributions are usually fully vested right away. However, employer-matching contributions may not be. Make sure your QDRO clearly defines which funds are being divided so you’re not startled to find the alternate payee (the spouse receiving a portion) receives less due to unvested amounts.
For example, if an employee retires and only 60% of the employer contributions have vested, the QDRO must be drafted to reflect only what is distributable under the terms of the plan at the time of division.

