1. Employee vs. Employer Contributions
Most 401(k) plans are funded by both employee deferrals and employer contributions. The employee portion is usually vested immediately. But the employer portion often follows a vesting schedule—meaning the employee only earns rights to those dollars over time.
In divorce, only the vested portion is eligible for division via QDRO. If your divorce is finalized before full vesting, any unvested employer contributions may be forfeited. Make sure your QDRO clearly distinguishes between vested and unvested funds.

