Employee and Employer Contributions
One of the most important distinctions in a 401(k) QDRO is between employee and employer contributions. Typically, employee contributions are immediately 100% vested, while employer contributions often follow a vesting schedule. This means if your spouse hasn’t worked at Lady M Confections long enough, some of the employer-funded amounts may be unvested — and therefore unavailable for division.
The QDRO must clearly identify which portions are to be divided and should specify treatment of only vested balances unless both parties agree otherwise and the plan allows it.

