1. Dividing Employee and Employer Contributions
401(k) accounts usually consist of two primary types of contributions: those made by the employee and those contributed by the employer. While employee contributions are immediately 100% vested, employer contributions may be subject to a vesting schedule based on years of service.
This becomes important during divorce. If your spouse has employer-matching contributions that aren’t yet vested, the QDRO needs to identify whether the alternate payee is entitled to a share of vested balances only or both vested and unvested portions. Later forfeitures need to be addressed properly in the order to avoid future disputes.

