Employee and Employer Contributions
In most 401(k) plans, contributions include amounts the employee chooses to defer from salary, plus any matching contributions from the employer. The QDRO can divide either or both types of contributions depending on what the parties agree to or what the court orders.
Be aware that employer contributions may not be fully vested. You’ll want to clarify whether the alternate payee is entitled only to vested amounts or to all contributions regardless of vesting status. This distinction affects how much the non-employee spouse will actually receive.

