Employee and Employer Contributions
This plan likely includes both employee contributions and potentially employer matching contributions. One common issue is that spouses try to divide the entire account without realizing that not all employer contributions may be “vested.” Only vested portions can be awarded to the alternate payee via QDRO.
If the plan participant (employee) isn’t 100% vested at the time the QDRO is processed, the alternate payee will only receive a portion of employer contributions. Anything unvested will likely stay with the employee or be forfeited.

