Employee and Employer Contributions
One major distinction in 401(k) plans is between employee contributions and employer contributions. Most of the employee’s contributions are fully vested immediately and are subject to division. However, employer contributions may be subject to a vesting schedule. If some employer contributions are not yet vested, those funds can’t be divided unless and until they vest, and they may be forfeited entirely if the employee leaves the company prematurely.
In your QDRO, you want to be specific. You can choose a flat dollar amount, a percentage of the marital portion, or “50% of the vested account balance as of the date of divorce.” What you choose depends on your legal goal and the divorce settlement you’ve reached.

