1. Dividing Employee and Employer Contributions
This 401(k) plan is likely funded by both the employee’s salary deferrals and contributions from the employer. Here’s where the QDRO gets tricky: while you can generally divide all vested contributions, any unvested employer contributions may not be available for division.
For example, if your spouse has been employed at Brandes associates, Inc.. 401(k) plan for just a few years, the employer contributions might still be on a vesting schedule. If the employee leaves the company before becoming fully vested, unvested amounts could be forfeited—which means they can’t be awarded to either spouse.

