1. Employee vs. Employer Contributions
401(k) plans often include both employee and employer contributions. In divorce, the QDRO can award a percentage or flat amount of the total balance—or distinguish between the two. However, employer contributions may be subject to a vesting schedule.
If the participant is only partially vested, the non-vested portion may not be divisible. Any unvested funds are typically forfeited when the participant leaves the company or may vest fully depending on other terms (like years of service). Ask the administrator for a vested balance breakdown before drafting the QDRO.

