1. Employee Contributions vs. Employer Contributions
Many plans, including this one, feature both employee deferrals (the money the participant voluntarily contributes) and employer contributions (matches or discretionary contributions). Employer contributions may be subject to a vesting schedule. The QDRO must clarify whether the Alternate Payee receives:
- Only the vested account balance
- Total account balance including future vesting (most plans only allow division of vested funds)
Know that unvested amounts revert to the employer if the participant leaves the company before vesting is complete. Be sure your attorney or QDRO preparer checks the current vesting status.

