Employee and Employer Contributions
401(k) plans consist of employee deferrals and often employer matching. In divorce, both types can be divided—but employers usually impose a vesting schedule on their contributions. If your spouse is not fully vested, a portion of the employer’s match may be forfeitable and can’t be awarded through a QDRO.
A proper QDRO needs to distinguish between what’s vested and what isn’t at the time of division. This affects how much the alternate payee can receive.

