1. Employee and Employer Contribution Division
A detailed QDRO must specify whether the division applies only to the participant’s contributions or also includes employer matching or profit-sharing funds. If your spouse was fully or partially vested at the time of divorce, the QDRO can only divide the vested portion of those employer contributions.
Unvested employer contributions—those not fully owned by the participant at the time the QDRO is executed—are usually forfeited if the participant separates from the company before vesting is complete. Make sure your attorney reviews the plan’s vesting schedule and confirms the division method in the QDRO accordingly.

