Employer vs. Employee Contributions
401(k) plans are funded by both employee deferrals and employer contributions. Often employer contributions follow a vesting schedule. In divorce, you can only divide the amount that’s actually vested, so even if the plan shows a larger total balance, your QDRO can only include what’s actually owned by the employee spouse.
The QDRO must clearly state whether the Alternate Payee’s share includes just the employee contributions or also the vested portion of the employer contributions. If unvested contributions are mistakenly included, the QDRO might be rejected.

