Employee and Employer Contribution Divisions
When dividing a 401(k), you must look at both employee contributions (what the participant put in) and employer contributions (provided by the employer). Often, employer contributions are subject to a vesting schedule. That means the participant may not be entitled to the full employer match until they’ve worked a certain number of years.
Your QDRO should only divide the vested portion of the account. Be sure it specifies whether the division applies to just the employee contributions, just the vested employer contributions, or both. If the order says “50% of the total account,” but part of the employer contributions are not yet vested, the alternate payee may receive less than anticipated.

