Employee vs. Employer Contributions
Employee contributions are considered fully vested immediately. That means if your spouse contributed to this 401(k) during your marriage, those amounts are eligible for division. In contrast, employer contributions may be subject to a vesting schedule. If your spouse only worked at Laudisi Enterprises Inc. for a short time, a portion of the employer contributions may be unvested—and therefore not divisible.
Make sure your QDRO clearly specifies whether the alternate payee (you or your spouse) is to receive only the vested balance or a percentage of the total account. Otherwise, you may end up agreeing to a share that doesn’t reflect the actual marital asset.

