1. Employee vs. Employer Contributions
The QDRO must clearly state whether the division includes both employee and employer contributions. Many divorcing spouses assume they’ll evenly split the account, but contributions made by the employer may be subject to a vesting schedule. If your spouse has not worked long enough to be fully vested, you might not receive half.
Ask the plan administrator for a vesting statement, and make sure your QDRO reflects whether employer contributions are included or excluded depending on their vested status.

