Employee and Employer Contributions
A QDRO must clearly state whether it’s dividing just the employee’s contributions or both employee and employer contributions. In many 401(k) plans, employer contributions may be subject to a vesting schedule. That means a portion of the employer contributions may not yet “belong” to the employee and thus may not be divisible in the divorce.
It’s crucial to review the participant’s benefit statement and plan summary. If the non-employee spouse is awarded half of the 401(k) balance, that usually refers to the vested portion only—unless the parties specifically agree (and the plan allows) to include unvested funds or handle them when they vest later.

