1. Employee vs. Employer Contributions
This plan is likely to include both employee salary deferrals and employer contributions. Employer contributions may vest over time according to a schedule. If your ex has unvested employer funds, you may not be entitled to receive a share of that portion—or your share might be restricted to only what is vested as of the marital split date. Make sure your QDRO specifies whether the division includes only vested amounts or total contributions including unvested amounts subject to forfeiture.

