Division of Employee and Employer Contributions
The most straightforward part of dividing a 401(k) is the portion contributed by the employee (the participant spouse). These amounts are always fully vested. However, employer contributions might be subject to a vesting schedule. In your QDRO, you’ll need to specify whether the alternate payee (the spouse receiving a share) gets a percentage of the account as of a certain date, or only the vested portions.

