Employee and Employer Contributions
In most 401(k) plans, the participant contributes their own income, and the employer may match those contributions. The QDRO needs to clearly indicate whether both the employee and employer contributions are being divided, and whether unvested employer contributions are included in the distribution.
If the participant has partially vested employer contributions, the QDRO should be written carefully to avoid assigning funds that haven’t yet vested—or to assign only the vested portion as of the date of division.

