1. Employee vs. Employer Contributions
Many 401(k) accounts include both employee deferrals and employer matching contributions. In divorce, both can be divided, but employer contributions are often subject to a vesting schedule. Any unvested employer funds won’t be available for division unless they vest before the QDRO is processed.
Be sure the QDRO clearly states how both types of contributions will be divided and addresses what happens if some of the employer contributions aren’t yet vested.

