Employee vs. Employer Contributions
Employee contributions to a 401(k) are always fully vested, meaning they’re eligible for immediate division. But employer contributions—often in the form of matching contributions—might follow a vesting schedule. If only a portion of these are vested at the time of divorce, the ex-spouse can only receive the vested portion, not the full account value.
It’s critical your QDRO correctly addresses vested and non-vested funds. Otherwise, the recipient spouse may wind up with less than expected.

