Employee and Employer Contributions
The most direct portion of a 401(k) to divide is the employee’s own contributions. These are typically fully vested and available to allocate between the participant and the alternate payee (usually the ex-spouse). However, the employer contributions can be more complicated.
Employer contributions are often subject to a vesting schedule. If the participant isn’t 100% vested, unvested amounts may be forfeited when employment ends. This means the QDRO should be drafted to only award what is actually vested at the date of division.

