Employee vs. Employer Contributions
Most 401(k) plans offer both employee contributions (money the employee chooses to put in from their paycheck) and employer contributions (such as matching or profit-sharing). When dividing the plan, you need to be clear about whether the QDRO applies to just the employee’s contributions or to both components.
If the employer contributions are not fully vested at the time of divorce, the former spouse may not be entitled to those funds. The QDRO should clearly identify which portions of the account are included in the division.

