Employee and Employer Contributions
When dividing a 401(k), both employee contributions and employer matching contributions are on the table. However, employer contributions often come with vesting requirements. If your spouse only worked at Rm interiors & design, Inc.. for a short time, a portion of the employer match may not be vested—and that amount can’t be divided in the QDRO.
In your QDRO, it’s important to specify whether the alternate payee (the spouse receiving their share) only receives the vested portion or if you’re waiting for future vesting. We usually recommend only dividing vested balances to avoid tracking problems later.

