Employee vs. Employer Contributions
A 401(k) typically has both employee deferrals and employer contributions. In divorce, it’s important to clarify which amounts are marital property. Employer contributions may be subject to a vesting schedule, meaning not all funds are owned by the participant right away.
The QDRO should specify whether the alternate payee (typically the ex-spouse) is entitled only to vested amounts as of the date of division or also to amounts that vest later. If not addressed properly, this can result in disputes or payment delays.

