Employee vs. Employer Contributions
In most 401(k) plans, the employee’s own contributions and investment earnings are always 100% vested, and therefore divisible in a QDRO. But employer contributions may be subject to a vesting schedule. Depending on how long the employee spouse has worked for Dunnhumby Inc.. 401(k) plan, some or all of the employer contributions may not be available for division.
A good QDRO attorney will investigate the vesting schedule. If unvested amounts are mistakenly awarded to the alternate payee, the QDRO may later fail or the award could be reduced.

