1. Employee vs. Employer Contributions
This plan likely contains both employee and employer contributions. Only vested contributions are eligible for division through a QDRO. Unvested employer contributions, even if allocated, are often forfeited unless the participant stays with the company long enough.
In drafting your QDRO, you’ll need to decide whether the alternate payee receives a flat dollar amount or a percentage of the vested account balance as of a certain date—typically the date of separation, divorce filing, or entry of judgment.

