Employee vs. Employer Contributions
A QDRO can divide both employee and vested employer contributions. In many 401(k) plans, the employer contributions are not fully vested until a certain number of years of service have been completed. If your divorce occurs before those years are met, the unvested portion may be forfeited when the QDRO is processed. This is why timing matters so much in these cases.
Be sure to confirm the participant’s percentage of vesting as of the marital termination date and the order submission date. Only the vested employer portion will be payable to the alternate payee.

