Employee vs. Employer Contributions
The most straightforward portion of a 401(k) is often the employee’s own contributions. These funds are always 100% vested. However, employer contributions may be subject to a vesting schedule. That means part or all of the employer’s contributions could be forfeited if the employee hasn’t been with the company long enough.
The QDRO must specify whether the alternate payee (usually the ex-spouse) will receive a flat dollar amount or a percentage of the participant’s account. Either way, it’s crucial to determine the vesting status on the date of divorce or another clearly defined valuation date.

