1. Employee vs. Employer Contributions
In a 401(k), contributions usually come from two sources: the employee’s own salary deferrals and the employer’s matching or profit-sharing contributions. In QDROs, both types of contributions are potentially divisible, but employer contributions are often subject to vesting schedules. That means any unvested employer money could be forfeited if the employee hasn’t met certain service requirements.
During QDRO preparation, it’s crucial to separate what’s divisible versus what’s already vested. If your ex-spouse hasn’t completed the service years needed for vesting, the final amount transferred could be less than calculated.

