1. Employee vs. Employer Contributions
401(k) plans usually have two types of contributions: what the employee contributes (pre-tax or Roth) and what the employer contributes (matches or profit-sharing). In most divorces, QDROs award a percentage or amount of the total account as of a certain date (often the date of divorce or separation).
But employer contributions might not all be “vested.” That means even if the money is in the account, it may not fully belong to the participant yet—it depends on how long they’ve worked there. This can make a big difference in how much the alternate payee is actually entitled to receive.

