1. Employee vs. Employer Contributions
The QDRO should clearly state whether the division includes:
- Employee elective deferrals only
- Employer matching or discretionary profit-sharing contributions
- Bothersome forfeiture rules (where unvested balances may be lost)
In many plans, employer contributions are subject to a vesting schedule—and this matters. If you’re the alternate payee, and your spouse (the participant) isn’t vested in some part of the employer contributions, you may not receive that portion.

