1. Employee and Employer Contribution Division
In a divorce, employee contributions are generally considered fully vested and subject to division. However, employer contributions might not be 100% vested. The QDRO should clearly specify whether:
- Only vested employer contributions are to be divided, or
- The alternate payee is entitled to a pro-rata share of unvested employer contributions as they vest
It’s important to request vesting schedules and account details from the plan administrator before drafting the QDRO.

