1. Employee vs. Employer Contributions
When dividing a 401(k), it’s important to separate employee contributions from employer matching contributions. Each may be subject to different vesting schedules, which could affect how much actually gets divided.
For example, if your spouse isn’t fully vested in the employer match, only the vested portion will be available to divide. A good QDRO should clarify exactly which contributions are included and set a dividing date (usually the date of divorce or another agreed cutoff).

