Employee and Employer Contributions
Most 401(k) accounts include two types of contributions: those made by the employee and those made by the employer. Contributions from the employee are fully vested immediately, but employer contributions often follow a vesting schedule. You’ll want to confirm the plan’s vesting schedule—often based on years of service—and only include the vested portion in the QDRO.
If the participant spouse isn’t fully vested in the employer portion, the non-employee spouse may receive less than half of the total account balance. These details must be included in the order and will affect how much is actually transferred.

