1. Employee and Employer Contributions
In most 401(k)s, the account is funded by both employee and employer contributions. When dividing the plan, the QDRO can award a percentage or flat dollar amount of the employee’s total account to the alternate payee (commonly the ex-spouse).
However, employer contributions may be subject to a vesting schedule. Only the vested portion is eligible for division. If the employee isn’t fully vested at the time of divorce, part of the employer’s contribution may be off-limits—or could be awarded only if it vests later.

