Employee Contributions vs. Employer Contributions
Most 401(k) plans are funded through both employee and employer contributions. Employee contributions are always fully vested—meaning they belong entirely to the employee. But employer contributions may follow a vesting schedule.
If your spouse isn’t 100% vested in their employer contributions, only the vested portion can be divided through the QDRO. Keep this in mind when calculating your marital property share. We’ve seen many people mistakenly assume they will receive half of the total balance, only to find out later that vesting reduced it significantly.

