1. Contributions: Employee vs. Employer
401(k) plans often have different rules for employee contributions—which are always considered the employee’s property—and employer contributions, which may be subject to vesting.
- Employee Contributions: These are fully owned by the employee and will likely be split.
- Employer Contributions: Only vested amounts can be divided. Any unvested funds may be forfeited after the divorce.
Make sure the QDRO accounts for the vesting schedule. You don’t want to award a spouse more than what’s legally available.

