1. Employee and Employer Contribution Rules
401(k) plans typically include both employee contributions (deferrals) and employer contributions (match or profit sharing). However, the employer’s contributions may be subject to a vesting schedule. If your spouse hasn’t worked for the company long enough, those employer funds may not be partially or fully vested yet—which means they won’t be available for division through a QDRO.
Be sure your QDRO specifies that only vested amounts on the date of divorce or another agreed-upon date are eligible for division. Don’t accidentally award money your spouse hasn’t earned yet.

