Employee and Employer Contributions
401(k) plans often include both employee salary deferrals and employer matching or discretionary contributions. A QDRO can assign a portion of the total balance—both employee and employer funded—but employer contributions are often subject to vesting schedules. If your spouse isn’t fully vested, you may not be entitled to the full stated balance.
That’s why it’s critical to understand the vesting schedule associated with this plan. If your spouse leaves the company before full vesting, some funds could be forfeited and would not be payable to either of you.

