Employee and Employer Contributions: Who Gets What?
401(k) benefits typically have two funding sources: employee deferrals and employer contributions (matching or profit-sharing). A QDRO should clearly define what is being divided—only the employee’s contributions, or both employee and employer funds?
This matters especially if the employer contributions are subject to a vesting schedule. If your spouse isn’t fully vested at the time of divorce, you might not be entitled to those funds. The QDRO must specify how to handle unvested amounts to avoid disputes later.

