Employee vs. Employer Contributions
Most 401(k)s consist of employee deferrals and possibly employer matching contributions. In divorce, both may be divided, but employer contributions could be subject to a vesting schedule. This means the full value listed in the account may not yet belong to the employee spouse.
A good QDRO will only assign what’s been earned (i.e., “vested”) as of the division date. If not, the alternate payee may be awarded amounts the employee spouse never receives—and the QDRO will fail.

