1. Employee vs. Employer Contributions
In most 401(k) plans, both the employee and the employer make contributions. A common mistake when drafting a QDRO is assuming the entire account is divisible. However, employer contributions may be subject to a vesting schedule.
If your spouse isn’t fully vested, a portion of the plan may not yet belong to them, and therefore, might not be divisible. Your QDRO should clearly state whether it includes vested amounts only or attempts to include future vesting (though many plan administrators won’t allow that).

