1. Employee and Employer Contributions
Employer contributions are often subject to a vesting schedule. This means a portion of the employer match might not belong to the employee yet—and may not be divisible in a QDRO. The QDRO must make it clear how contributions are to be divided:
- Should the alternate payee receive a percentage of the total account or just the vested portion?
- How should gains, losses, and dividends be handled from the valuation date to the distribution date?
Make sure the order references only vested amounts unless the parties agree otherwise and the plan allows it.

