1. Employee and Employer Contributions Must Be Handled Differently
This plan likely includes both employee salary deferrals and employer contributions. Here’s why that matters: employee contributions are always 100% yours—they vest immediately. But employer contributions may be subject to a vesting schedule. If your spouse isn’t fully vested, the unvested portion could be forfeited and unavailable for division.
Make sure your QDRO reflects:
- Only the vested portion of employer contributions if the employee is not fully vested
- A precise “as of” date for the account division
- How gains and losses after the division date will be handled

