1. Employee and Employer Contributions
In most 401(k) plans, the employee’s contributions are fully vested immediately, but employer contributions may be subject to a vesting schedule. In a divorce, only the vested portion of the account can be divided and awarded to the non-employee spouse (known as the “alternate payee”).
Make sure the QDRO distinguishes between vested and non-vested amounts. If not handled properly, the alternate payee may receive less than expected, or the order could be rejected by the administrator.

