Employee and Employer Contributions
401(k) plans usually include both employee contributions (fully vested from the start) and employer matching contributions (which may be subject to a vesting schedule). It’s important the QDRO clearly spells out which types of funds are being divided.
For example, if the alternate payee is receiving 50% of the participant’s account, is that 50% of only the vested balance? Or are you including the non-vested employer match based on the date of separation? These distinctions must be made clear in the QDRO language.

