1. Contributions and Dividing Employee vs. Employer Funds
Typically, a QDRO will award the Alternate Payee—usually the non-employee spouse—a percentage or a specific dollar amount of the participant’s vested account balance as of a certain date (often the date of divorce or separation).
However, employer contributions might be subject to a vesting schedule. If the participant isn’t fully vested, any unvested employer money might be forfeited and therefore can’t be divided. Make sure your QDRO accounts for what’s vested and what’s not as of the cutoff date.

