Understand Employee vs. Employer Contributions
With 401(k) plans, contributions may come from both the employee and employer. QDROs can include both types, but careful drafting is required. Only vested employer contributions are divisible in divorce. If the participant is not fully vested, a portion of the employer contributions may be off-limits to the spouse.
How this affects your QDRO: Make sure the order clarifies whether it applies only to the vested portion or includes unvested amounts that may vest in the future.

