Employee vs. Employer Contributions
401(k) plans typically include two sources of money: what the employee puts in and what the employer matches. If you’re dividing the account in a QDRO, both types of contributions should be evaluated separately. Why? Because employer contributions may be subject to a vesting schedule.
A common issue we see is when a QDRO attempts to divide unvested balances. These are amounts promised by the employer that aren’t fully earned yet. If not properly addressed, the alternate payee may end up with less than expected.

