1. Employee vs. Employer Contributions
Employee contributions are straightforward—they’re always 100% vested. Employer contributions, however, may be subject to a vesting schedule. The QDRO must clearly state whether the alternate payee is entitled only to vested balances or all employer contributions, pending future vesting.
You’ll need to confirm the plan’s vesting policy. In many 401(k) setups, employer contributions vest over several years. If some of the contributions are unvested at the time of divorce, those amounts may later be forfeited and unavailable to the alternate payee.

