Employee and Employer Contributions
With 401(k) plans, the account includes both employee deferrals and employer contributions. However, employer contributions are often subject to a vesting schedule. If you’re the non-employee spouse (alternate payee), your share of any employer funds may be limited to what’s vested as of the date used in your QDRO—usually the date of divorce or separation.
Your attorney or QDRO professional should verify the vesting status using plan statements or a statement from the administrator. Unvested employer funds are not typically available for division and may be forfeited if the employee spouse leaves the company before vesting is complete.

