1. Employee and Employer Contributions
This 401(k) plan likely includes both employee deferrals and employer matching contributions. The QDRO should clearly state whether the division includes just the employee contributions or all vested funds, including matching dollars.
If employer contributions are not yet vested at the time of divorce, they may be excluded from the division — or the QDRO can include a “if and as vested” provision, allowing the alternate payee to receive future vesting amounts.

