Employee vs. Employer Contributions
401(k) plans usually consist of two components: employee deferrals (which are always 100% vested) and employer contributions (which may be subject to vesting schedules).
In a divorce, it’s critical to identify which part of the account is being divided. Most QDROs divide the total vested account balance. However, if some employer contributions are not yet vested at the time of divorce, the alternate payee may not receive that portion. The QDRO must be specific: do you want to include only vested funds? Should the alternate payee receive future vesting?

