Employee vs. Employer Contributions
In most 401(k) plans, employee contributions are fully vested right away. Employer contributions, though, may be subject to a vesting schedule. That means some of the balance might not be available for division if it’s unvested at the time of divorce.
Ensure your QDRO language is clear about dividing “vested” account balances only, unless otherwise agreed to in your settlement. This can prevent future disputes if some employer contributions are forfeited due to lack of vesting.

