1. Employee and Employer Contributions
Many plans include both employee deferrals and employer matches. The QDRO must clearly identify whether the alternate payee is receiving a portion of just the participant’s contributions—or employer contributions too. Employer contributions are often subject to vesting schedules. If the participant is not fully vested at the time of divorce, the QDRO must clarify how unvested funds will be treated. It’s common to exclude unvested funds unless they later become vested before the QDRO’s division date.

