1. Employee vs. Employer Contributions
Many 401(k) plans include both employee contributions (money taken out of the paycheck) and employer contributions (company match or profit-sharing). These two contribution types can follow very different rules, especially around vesting.
If your spouse has unvested employer contributions, you may not be entitled to a share of those unless they become vested prior to account division. Your QDRO must clearly specify how to handle these distinctions—especially if some contributions remain unvested at the time of divorce.

