Employee vs. Employer Contributions
401(k) plans typically include both employee deferrals and employer contributions (like matches or profit-sharing). Only vested employer contributions can be divided in a QDRO. If your divorce is taking place before the participant is fully vested, unvested amounts may not be available for division and could be forfeited after the split. Make sure your QDRO accounts for future vesting or clarifies how forfeited funds will be treated.

