Employee and Employer Contributions
It’s important to identify which contributions were made by the employee and which were employer contributions. In most 401(k) plans, all contributions are held in a single account, but employer contributions may be subject to vesting schedules (which we’ll get to below).
The QDRO should clearly state that only vested employer contributions can be divided. If the employee has unvested employer contributions at the time of divorce, those amounts typically stay with the employee.

