1. Employee vs. Employer Contributions
The balance in a 401(k) often includes both employee contributions (which are usually 100% vested right away) and employer contributions. But employer contributions may be subject to a vesting schedule. This means part of the balance might not actually belong to the employee yet. That portion is considered non-marital and cannot be split—or it may be forfeited if the employee terminates employment before vesting.
Your QDRO must clearly define what portion of the retirement assets are subject to division. Are we dividing only the vested portion as of the divorce date? Or do we include future vesting rights? These are important legal choices with real financial implications.

