1. Dividing Employee and Employer Contributions
All employee contributions are typically eligible for division. However, employer contributions—such as matching funds—may be subject to a vesting schedule. If part of the employer contributions are unvested at the time of divorce, your share might be less than expected. The QDRO needs to clearly state how to handle both vested and unvested amounts, whether you’re looking for a fixed dollar amount or a percentage of the total balance as of a certain date.

