Employee and Employer Contribution Division
401(k) plans often include a mix of employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). A QDRO can only assign the vested balance as of the division date—so if your ex-spouse has unvested employer contributions, you may not be entitled to that portion unless it later vests. The Plan Administrator will need to confirm the vested balance on the date of division.

