Employee vs. Employer Contributions
Most 401(k) plans consist of both employee and employer contributions. Only the vested portion of employer contributions may be allocated in a divorce. If your ex-spouse had employer matching or profit-sharing contributions, you need to know whether those amounts are fully vested. Employers often have vesting schedules—such as 3-year cliff or 6-year graded schedules—especially in general business plans.
If part of the employer contribution is unvested at the time of divorce or QDRO submission, it may be forfeited. A well-drafted order should clarify what happens to forfeited or newly vested funds post-divorce.

