Employee and Employer Contributions
Employee contributions to a 401(k) plan are usually fully vested since they come directly out of the participant’s paycheck. Employer contributions may be subject to a vesting schedule. In simple terms, the alternate payee (typically the ex-spouse) is only entitled to the vested portion as of the division date in the QDRO.
When dividing the account, the QDRO should clearly state whether it’s a percentage of the entire account or a specific dollar amount. If it’s a percentage, make sure it applies to all investment sources (employee deferrals, employer match, safe harbor match, if applicable).

