Employee vs. Employer Contributions
Employee contributions are always 100% owned by the participant—they’re not subject to vesting. Employer contributions, however, usually vest over time. If your spouse hasn’t reached full vesting, not all of the employer match may be available to divide. The QDRO should clearly spell out how both components are to be treated.
This is one of the most common errors in divorce orders involving 401(k) plans—overestimating how much of the employer’s contributions are actually available. That’s why checking the latest plan statement and vesting schedule is critical before calculating division percentages.

