Employee vs. Employer Contributions
401(k) accounts typically contain both employee contributions (money the employee has put in from their paychecks) and employer contributions (matching or discretionary contributions from the employer). While employee contributions are always 100% vested immediately, employer contributions usually vest over time.
If your divorce is happening before full vesting, the QDRO should make it clear how to divide only the vested employer contributions. This distinction matters—a QDRO that mistakenly awards non-vested portions could be rejected by the plan administrator or leave a spouse with less than anticipated.

