Employee vs. Employer Contributions
Most 401(k) plans consist of both employee contributions (money the participant puts in) and employer contributions (typically matching funds). But here’s the issue: not all employer contributions are fully vested at the time of divorce. This means a portion of the account may be forfeited if the employee leaves the company before reaching a certain length of service. Be sure your QDRO only divides vested amounts or clearly states how unvested funds are to be handled over time, if allowed.

