Employee and Employer Contributions
401(k) accounts often contain a mix of employee deferrals and employer contributions. The QDRO must clearly identify which portions of the account are to be divided and the cut-off date (usually the date of divorce or separation).
Be aware that employer contributions may not be fully vested. Some plans use graduated schedules—for example, 20% per year over five years. Your QDRO should specify that only vested amounts as of the cut-off date are included in the division.

