1. Dividing Employee and Employer Contributions
Employee contributions are always 100% vested, meaning the spouse is typically entitled to some share depending on the divorce agreement. Employer contributions, on the other hand, may be subject to a vesting schedule. If the employee is not fully vested at the time of divorce, some of the employer money may be off the table — or later forfeited if they leave the job early.
Be sure to request a full statement showing the vested and non-vested balances. If a QDRO splits both, and the participant forfeits the unvested portion later, the alternate payee may end up with less than expected — which can cause headaches if the QDRO wasn’t drafted carefully.

