Employee vs. Employer Contributions
401(k) plans include both employee salary deferral contributions and potentially employer matching or discretionary contributions. These employer contributions often come with vesting schedules—meaning they aren’t fully owned by the employee until certain service milestones are met.
A good QDRO must clearly state whether the division applies only to vested funds or also includes any future vesting or shared growth. Ask about the plan’s current vesting schedule, and know how much of employer contributions are fully vested as of the valuation date.

