1. Employee Contributions vs. Employer Contributions
Most 401(k) plans include contributions made by the employee and potentially matched or supplemented by the employer. Only vested employer contributions are eligible to be divided in a QDRO. If contributions are not fully vested, the unvested portion will not be transferred to the alternate payee.
It’s critical to verify the vesting schedule for this plan through the Summary Plan Description (SPD). Some plans use a graded schedule (e.g., 20% per year over five years), while others may offer cliff vesting (100% after a certain number of years).

