1. Employee and Employer Contributions
401(k) plans often include both employee and employer contributions. Employee contributions are always 100% vested, but employer contributions may vest over time—depending on the plan’s schedule. If the participant spouse hasn’t met the vesting requirements, part of the employer contributions might be forfeited and therefore unavailable for division through the QDRO.
Important note: The QDRO should make clear whether the division applies only to vested balances or includes partially vested or expected future employer contributions. If left vague, it can trigger a rejection by the plan administrator.

