1. Dividing Employee and Employer Contributions
Usually, employees are always 100% vested in their own contributions. The trickier issue is with employer contributions. Many 401(k) plans have a vesting schedule tied to years of service. If your spouse hasn’t worked at Sirco federal services, Inc.. 401(k) plan long enough, a portion of the employer contributions may not be vested—and therefore not available to divide.
Make sure your QDRO clearly spells out whether it includes just the vested balance as of the date of division, or if you’re also seeking a share of future vesting tied to time worked during marriage. This issue has to be handled delicately to avoid post-approval disputes.

