Employee and Employer Contributions
This plan likely includes both employee (your spouse’s salary deferrals) and employer-matching contributions. Only vested amounts can be awarded to an alternate payee. If your ex is not 100% vested, part of the balance may not be eligible for division.
The QDRO must clearly identify the date used to determine the account division—often the date of marital separation or the date the divorce is finalized. Understanding this date can significantly impact your share.

