1. Employee vs. Employer Contributions
In many 401(k) plans, the account balance includes both employee and employer contributions. Only vested employer contributions can be divided in a QDRO.
If an employee isn’t 100% vested at the time of divorce, the alternate payee (usually the ex-spouse) cannot receive the unvested portion. That amount would be forfeited if the employee leaves the job before full vesting. It’s important to clarify the vesting schedule in the QDRO and specify whether the alternate payee’s share will include or exclude any future vesting.

