Employee and Employer Contributions
The biggest distinction in any 401(k) is between what the employee contributed versus what the employer contributed. Your QDRO must specify whether you are receiving a portion of just the participant’s contributions or also the employer contributions.
Employer contributions are often subject to a vesting schedule. If your spouse hasn’t worked long enough at Sizewise rentals, LLC to be fully vested, a portion of those employer contributions may be forfeited and therefore not available for division. It’s critical the QDRO accounts for this possibility and includes language about the treatment of forfeitures.

