1. Employee vs. Employer Contributions
401(k) plans are funded by both employee contributions and often by employer matching or profit-sharing contributions. It’s important to know the plan’s vesting rules. For example:
- Employee contributions are 100% vested at all times.
- Employer contributions may be subject to a vesting schedule (such as cliff or graded vesting).
If your spouse hasn’t fully vested in the employer contributions, the unvested amounts may not be eligible for division. Always confirm the participant’s most recent vesting statement before finalizing a QDRO.

