1. Contributions: Employee vs. Employer
Employee contributions are generally 100% divisible, but employer contributions can be subject to a vesting schedule. That means the participant may not be entitled to all the employer-match balance, and your QDRO must clearly identify whether you’re dividing only vested portions or future vesting as well. Sometimes an order can specify that the alternate payee receives a fixed percentage of the vested portion as of a certain date. Work closely with a QDRO professional to make this distinction.

