1. Division of Employee and Employer Contributions
401(k) balances generally include both employee contributions (your own elective deferrals) and employer contributions. While your own contributions are always 100% vested, employer contributions may be subject to a vesting schedule. If you’re divorcing before the full vesting period is complete, a portion of the employer contributions may not be divisible—because they may be forfeited after divorce. A good QDRO clearly specifies that only the vested portion of the employer’s contribution is allocated to the alternate payee (usually the ex-spouse).

