Employee and Employer Contributions
401(k) accounts often have both employee and employer contributions. While an employee’s contributions (and earnings on them) are typically 100% owned and transferable, employer contributions may be subject to a vesting schedule.
If the participant spouse (the employee) isn’t fully vested, the non-vested portion of the employer contributions can’t be divided. A good QDRO will ensure the alternate payee receives only the appropriate vested share as of the date set by the divorce agreement or court order.

