1. Employee vs. Employer Contributions
401(k) accounts often include both an employee’s contributions and additional funds from the employer. While the employee’s contributions are always 100% vested, employer contributions may be subject to vesting schedules.
If the employer contributions are not fully vested at the time of divorce, only the vested portion can be divided in the QDRO. Unvested contributions are typically forfeited if the employee spouse leaves before reaching the next vesting milestone—so timing matters.

