1. Dividing Employee vs. Employer Contributions
In most 401(k) plans, both the employee and the company contribute to the account. Employee contributions are always 100% vested, but employer contributions often follow a vesting schedule.
This matters a LOT in divorce. If the participant isn’t fully vested, the alternate payee can’t have a share of the unvested amount. Your QDRO must specify whether the division will:
- Include only vested balances
- Include potential future vesting of employer contributions (if desired and allowed)

