1. Employee vs. Employer Contributions
One of the first steps is determining which portion of the account is divisible. Employee contributions are always fully vested and available for distribution. Employer contributions, however, may be subject to a vesting schedule. In corporate structures like E&m technologies, Inc.. 401(k) retirement plan, it’s common for employer matches to vest over three to six years.
A QDRO must account for whether the employee is fully vested. Unvested funds typically revert to the plan upon termination of employment and are not available to divide.

