1. Employee vs. Employer Contributions
Your spouse’s 401(k) may include both employee contributions (which are usually fully vested) and employer contributions (which may be subject to vesting). The QDRO must address both and specify whether it divides the total account value or only the vested portion.
If your spouse isn’t fully vested in their employer contributions, some of that money may be forfeited if they leave the company. Your QDRO options should take this into account—either by dividing what’s vested now or leaving room to receive a share of what’s vested later.

