1. Employee vs. Employer Contributions
A QDRO must specify whether the alternate payee is receiving a share of just the employee’s contributions or the employer’s as well. Employer contributions are often subject to a vesting schedule. That means you may not be entitled to the full amount unless the employee has worked at the company long enough.
For example, if the employer matches contributions but the participant is only 60% vested, the QDRO can only award the vested portion of that employer contribution. It’s also important to include language clarifying whether future vesting and forfeitures affect the award amount.

