Employee and Employer Contributions
One critical issue in dividing this 401(k)-style plan is how to address both employee and employer contributions. Typically, the QDRO will award each party a portion of the participant’s vested account balance as of a certain division date. That date might be the date of separation, date of divorce filing, or a different agreed-upon date.
Not all employer contributions are fully vested. If your divorce occurs during the vesting period, the non-employee spouse may not be entitled to the full value of the employer’s contribution. Your QDRO should spell out exactly how to treat unvested funds and whether the non-employee spouse will receive their share as those funds vest.

