Employee vs. Employer Contributions
Employee contributions to a 401(k) plan are always 100% vested and available for division. However, employer contributions are often subject to vesting schedules. In a divorce, the non-employee spouse (alternate payee) is only entitled to the vested portion of employer contributions as of the date selected in the QDRO—often the date of separation or divorce judgment.
Make sure to spell this out clearly in the QDRO. If you’re dividing both employee and employer contributions, request a breakdown of vesting status as of the cut-off date to avoid disputes.

