Employee vs. Employer Contributions
401(k) accounts typically include both employee deferrals and employer matching or profit-sharing contributions. But not all of those employer contributions may be fully “vested”—meaning legally owned—by the employee. In QDROs, only vested balances can be divided.
If your former spouse was not fully vested at the time of divorce, you may receive less than the full account value if the employer portion hasn’t vested yet. It’s important that your attorney or QDRO expert review the vesting schedule closely.

