Employee and Employer Contributions
401(k) plans typically include two types of contributions—those made by the employee and those made by the employer. While employee contributions are always considered vested (owned outright), employer contributions may be subject to a vesting schedule.
If your QDRO aims to divide “50% of the balance as of the date of divorce,” be aware that the participant may only be partially vested in the employer contributions. The non-employee spouse may only be entitled to the vested portion, and unvested employer contributions may be forfeited when employment ends.

