1. Employee vs. Employer Contributions
Most 401(k)s are funded by both employee contributions and some form of employer matching. The QDRO can divide both types, but employer contributions are often subject to a vesting schedule. This means the employee must work a certain number of years before fully owning those funds.
If your spouse is not fully vested at the time of divorce, the unvested portion may not be eligible for division. You need to know precisely what is vested—and how much of that will be transferred through the QDRO.

