Employee vs. Employer Contributions
One key issue is whether both employee and employer contributions will be divided. Unless the QDRO says otherwise, most plans will split the total vested balance. However, if the employer contributions are not yet vested, those amounts may not be included in the division at the time of the order.
In other words, only the vested portion of employer contributions is available to divide. Your QDRO should include clear language about what happens if vesting occurs after the divorce.

