Employee and Employer Contributions
A 401(k) typically includes two types of contributions—those made by the employee (elective deferrals) and those made by the employer (matching or profit-sharing). When dividing assets in a QDRO, both types can be included, but note that not all employer contributions are immediately vested. Unvested portions may be forfeited if the employee leaves the company.
Your QDRO should clarify whether the division includes only vested funds as of a specific date (such as the date of divorce filing), or whether it will extend to any future vesting. This is a major decision point in QDRO drafting.

