Employee vs. Employer Contributions
One key issue in any QDRO for a 401(k) plan is how contributions are split between employee and employer sources. The participant’s own contributions are generally fully available for division. Employer contributions, however, may be subject to a vesting schedule.
If you are the non-employee spouse (also known as the “alternate payee”), you can only receive a share of the vested balance. Any amounts that remain unvested at the time of divorce may be forfeited if the participant leaves the company before meeting the vesting requirements.

