Employee and Employer Contributions
Most 401(k) plans include both employee and employer contributions. The QDRO can divide the entire vested account, which usually includes employee contributions and any portion of employer contributions that are vested as of the cutoff date (like the date of separation, judgment, or agreement).
One common mistake? Assuming unvested employer contributions are divisible. They aren’t. If the employee spouse hasn’t fully vested in company contributions, the alternate payee generally won’t receive a share of those unvested funds.

