Employee and Employer Contributions
401(k) balances usually include contributions made by both the employee and the employer. In many cases, the employee’s (participant’s) contributions are fully vested, while employer contributions may be subject to a vesting schedule.
The QDRO should clearly distinguish between fully vested assets and those that are not. If part of the account is unvested at the time of divorce, that portion may not be divisible—or may be forfeited if the employee leaves the company before it vests.

