1. Employee and Employer Contributions
When dividing any 401(k), a big question is whether the alternate payee will receive only the employee’s contributions, or both the employee’s and the vested portion of the employer’s contributions.
Employer contributions may be subject to a vesting schedule, meaning the employee doesn’t own them immediately. If the employee isn’t fully vested at the time of divorce, the alternate payee won’t have a right to the unvested part. Your QDRO must reflect the participant’s vesting status on the date of division.

