1. Employee vs. Employer Contributions
One of the most important questions in any 401(k) division is: Who contributed what?
- Employee Contributions: These are usually 100% vested immediately and typically easier to divide.
- Employer Contributions: Often subject to a vesting schedule. If your spouse isn’t fully vested, they may not be entitled to keep the unvested portion, and it may revert back to the plan if they leave their job before becoming fully vested.
Be sure your QDRO clearly addresses only the vested portion unless otherwise agreed.

