Employee vs. Employer Contributions
Most 401(k) accounts include employee contributions (pre-tax or Roth) and possibly matching or discretionary employer contributions. In a divorce, the QDRO can address both types—but employer contributions usually come with a vesting schedule. Only vested contributions are eligible for division.
If the participant spouse hasn’t worked long enough to earn full vesting, their ex-spouse may receive less than anticipated. Ensure your QDRO reflects this possibility and accounts for forfeitures properly.

