1. Employee vs. Employer Contributions
Employee contributions are generally 100% yours or your spouse’s and can be divided as agreed or ordered. But when it comes to employer contributions, things get tricky. Many plans—especially in business entities like this one—have vesting schedules.
If your spouse hasn’t met the service requirements for full vesting, some or all of the employer contributions could still be forfeitable. Your QDRO must clearly state whether and how unvested contributions should be treated. If not, you may end up with less than you thought you were getting.

