1. Employee vs. Employer Contributions
This plan likely includes elective deferrals from the employee and matching or discretionary contributions from the employer. QDROs must specify whether the alternate payee (usually the non-employee spouse) is awarded a share of just the employee’s contributions or of both employee and employer contributions.
The employer match may be subject to a vesting schedule. If the divorce occurs before full vesting, unvested amounts may be forfeited and wouldn’t be available for division. The QDRO should make clear that only the vested portion is to be divided, unless otherwise agreed or negotiated.

