1. Employee vs. Employer Contributions
401(k) plans often include both employee contributions and employer matching. You’re normally entitled to a share of both—but only the portion that was earned during the marriage. Employer contributions may also have a vesting schedule, which can impact how much is actually divisible.
If your spouse has employer contributions that are not fully vested, they may not be included in the QDRO. The alternate payee is generally only entitled to the vested portion as of the marital cut-off date.

