1. Employee vs. Employer Contributions
In 401(k) plans, both the employee and employer may contribute. But here’s the kicker: employer contributions are often subject to a vesting schedule. If the employee spouse hasn’t met the time requirements, part of their employer match might not be theirs to share, and that amount wouldn’t be eligible for division via QDRO.
We always confirm the vesting schedule with the plan administrator before finalizing terms. This helps avoid disputes later if an alternate payee is promised funds that legally were never going to fully vest.

