1. Employee vs. Employer Contributions
Employee contributions (salary deferrals) are usually fully vested immediately. However, employer contributions—like matching or profit-sharing—often follow a vesting schedule. If your spouse hasn’t been with Bender electronics Inc.. 401(k) profit sharing plan long enough, some of those funds may never become theirs to keep (or for you to divide).
Be sure the QDRO distinguishes between vested and non-vested employer contributions. A plan administrator will only pay out what was vested as of the date specified in the order—typically the separation or dissolution date.

