1. Employee vs. Employer Contributions
One of the most important distinctions in any 401(k) QDRO is between employee contributions and employer contributions. Employee contributions are always 100% vested and usually marital property subject to division. However, employer contributions may follow a vesting schedule.
For example, if your spouse only worked at the organization for a short time before the divorce, some employer-funded amounts may be unvested and therefore not subject to division. Carefully review vesting information so the QDRO doesn’t award funds that aren’t actually available.

