Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions and employer matches. The employee’s contributions are typically 100% vested immediately, but the employer’s portion may be subject to a vesting schedule. In a divorce, it’s important to distinguish between what’s legally available for division and what may be forfeited if the employee leaves the company early.
The QDRO should specify whether it divides only the vested portion or includes all contributions accrued during the marriage. If the employer match is not fully vested at the time of divorce, the alternate payee could lose out unless the QDRO includes forward-looking language.

