1. Employee vs. Employer Contributions
If the employee has been receiving employer matching or profit-sharing contributions, it’s critical to verify what portion of those contributions have vested. Non-vested contributions cannot typically be awarded to the alternate payee in a QDRO.
The QDRO should specify whether the alternate payee only receives the marital portion of vested contributions or whether it allows for a later reallocation once those funds vest. This is especially important if the employee continues working and accruing benefits post-divorce.

