Employee and Employer Contributions
In 401(k) plans, both the employee (participant) and employer may have contributed during the marriage. While employee deferrals are always 100% vested, employer contributions may be subject to a vesting schedule. That makes a difference when dividing the account.
In your QDRO, you’ll want to make sure any division language includes only the “vested and nonforfeitable” account balance as of the date selected—either the date of divorce, separation, or another agreed-upon date.

