Separating Contributions: Employee vs. Employer
One of the most important distinctions to make in your QDRO is between employee contributions and employer contributions. Employee contributions are typically immediately vested and easy to divide as part of the marital estate. Employer contributions, however, are subject to a vesting schedule. If your spouse is not fully vested at divorce, only the vested portion will be eligible for division.
Make sure your QDRO explicitly specifies whether the alternate payee will receive a percentage of only vested amounts as of the date of divorce—or if it should also include a share of any amounts that vest afterward. Be aware: some plan administrators will only approve a QDRO that assigns currently vested benefits.

