Employee vs. Employer Contributions
Most 401(k)s—like the Challenger, Gray & Christmas, Inc.. 401(k) Plan—are made up of contributions from both the employee and the employer. A QDRO can divide both, but employer contributions might have vesting rules attached.
If you’re the alternate payee (the ex-spouse receiving a share), you may only be entitled to the vested portion of the employer contributions. Any amounts not vested as of the date used in the QDRO (often the date of separation or divorce) might not be included in your share.

