1. Employee and Employer Contribution Divisions
401(k) balances often include two key components:
- Employee deferrals: These are fully vested and belong to the employee, but they can be divided in a QDRO.
- Employer contributions: These may be subject to a vesting schedule. That means part of the balance might not be available to divide—yet. If the participant spouse is not 100% vested, QDRO instructions must clarify whether only vested funds are divided, or whether future vesting will affect the alternate payee’s share.

