1. Dividing Employee vs. Employer Contributions
This plan likely contains both employee deferrals (money the employee contributed from their paycheck) and employer contributions (matching or profit-sharing). While an ex-spouse can be awarded a share of either type, employer contributions may be subject to a vesting schedule. If your former spouse isn’t fully vested at the time of divorce, you may not be entitled to a portion of the unvested funds.
Make sure your QDRO specifically addresses:
- Whether the division includes only vested amounts or a share of future vesting
- How forfeitures (due to lack of vesting) are handled

