1. Employee vs. Employer Contributions
401(k) plans typically contain both employee contributions and employer matches. The employee’s own contributions are always 100% vested. However, employer contributions may be subject to a vesting schedule depending on years of service. If your spouse isn’t yet fully vested, some employer-funded portions may not be available for division.
In your QDRO, it’s critical to clearly specify that the alternate payee will only receive the vested portion of the employer contributions as of a certain date—usually the date of divorce or the date of distribution. Otherwise, the plan administrator may calculate benefits differently than intended.

