Employee and Employer Contributions
401(k)s include both the employee’s contributions and any matching or non-elective contributions made by the employer. While the employee portion is usually 100% vested, employer contributions often follow a vesting schedule. Only the vested portion is typically divisible in divorce unless both parties agree differently.
A good QDRO will specify that the alternate payee receives their share of the vested balance as of a specific date—often the date of separation or divorce. Unvested employer contributions may be excluded, unless the participant becomes fully vested by the date of valuation.

