Employee and Employer Contributions
Typically, a QDRO divides only the vested portion of the 401(k) account. This includes employee contributions, which are always 100% vested, and employer contributions, which may be subject to a vesting schedule.
It’s critical to determine the vesting status of employer contributions as of the date of division. If the participant is not fully vested, the alternate payee may receive less than expected. Unvested portions that are later forfeited should not be allocated to the alternate payee.

