Employee vs. Employer Contributions
Many 401(k) plans include both employee and employer contributions. The QDRO must specify whether the division applies to the entire account or just a portion of it. Often, only vested employer contributions are subject to division. Any unvested amounts may be forfeited if the participant leaves the job before they become fully vested. If you’re the alternate payee (non-employee former spouse), you’ll want to understand how vested the participant is and whether unvested portions are included.

