Employee and Employer Contributions
This 401(k)-style plan likely includes both employee deferrals and employer matching or discretionary contributions. The QDRO should state whether the Alternate Payee (usually the ex-spouse) will receive a portion of just the employee’s contributions or both employee and employer contributions.
Some employers require vesting for their contributions. If your spouse is partially vested, the QDRO should be carefully drafted to divide only the vested amount—or clarify whether the Alternate Payee will receive a percentage of what eventually becomes vested later (a risky strategy unless clearly agreed upon).

