Employee and Employer Contribution Divisions
Many people only think about the total account balance, but a 401(k) plan consists of both employee (participant) contributions and employer contributions. The QDRO must state whether the alternate payee is receiving a portion of the total balance or just one source of funds.
Employer contributions are often subject to a vesting schedule. Only the vested portion can be divided. If the participant is not fully vested, part of the employer match may not be available for division—and could be forfeited.

