Employee vs. Employer Contributions
Most 401(k) plans include both employee and employer contributions. Employee contributions are fully vested immediately—those are easy to divide. However, employer contributions typically follow a vesting schedule. If the participant isn’t 100% vested at the time of divorce, the former spouse may receive less than the full employer-funded amount.
Make sure your QDRO clearly states that only the vested portion is to be divided, or include specific language to address future vesting.

