1. Employee and Employer Contributions
The participant (employee) portion of the 401(k) is usually 100% vested and easy to divide. The employer contributions, however, may be subject to a vesting schedule. The QDRO must specify how to handle these potentially unvested amounts. Options include:
- Only dividing the vested portion
- Reserving the right to adjust the division if more of the employer match vests later
Make sure your QDRO clearly states whether the alternate payee is entitled to post-divorce vesting of employer contributions.

