Employee and Employer Contributions
Most 401(k) plans include employee deferrals (the employee’s own salary contributions) and employer matching or profit-sharing contributions. In the Ellen Memorial, LLC Retirement Savings Plan, both sources may be subject to division—but only vested employer contributions are divisible.
If the participant is not 100% vested, your QDRO must clearly explain how to handle newly vested amounts after the divorce or exclude unvested amounts completely. Many QDROs fail here by staying vague or ignoring unvested balances.

