Employee vs. Employer Contributions
Not all funds in a 401(k) are created equal. Most likely, the Pivotal Perspectives 401(k) Plan includes both employee salary deferrals and employer matching contributions. During divorce, the QDRO must clearly specify which portions of the account the alternate payee (usually the ex-spouse) is entitled to receive.
One big issue? Employer contributions may be subject to a vesting schedule. Just because your spouse worked at Pivotal perspectives Inc. for a few years doesn’t mean they’re 100% vested in the employer contributions. If only some of those employer contributions were vested at the time of divorce, then you may not be entitled to the full account balance.

