Employee vs. Employer Contributions
One of the most important distinctions in dividing a 401(k) is between the money the employee contributed and the money added by the employer. While employee contributions are fully owned by the participant, employer contributions may come with a vesting schedule. That means they might not be fully “owned” yet—and they may be forfeited if the participant leaves the company early. The QDRO should account for this and define how unvested portions will be handled during division.

