1. Employee and Employer Contributions
401(k) plans often include both employee deferrals and employer contributions. The participant’s own contributions are always fully vested, but employer contributions may be subject to a vesting schedule. If the employee is not fully vested at the time of divorce, the QDRO must clarify how unvested amounts will be handled.
For example, if the employee gets the remaining employer match only after three years of service—and they’ve only been there two—those contributions may not be paid out to the former spouse unless specifically addressed in the QDRO and they later vest.

