Employee and Employer Contribution Divisions
A 401(k) often contains both employee contributions and employer matching or profit-sharing contributions. One of the biggest questions is: how much of the employer’s contributions are “vested”—meaning they belong completely to the employee—and how much are “non-vested” and could be forfeited if the employee leaves the company?
In your QDRO, be clear whether the division includes just the vested portion or whether unvested funds are also to be considered. Most QDROs award only vested benefits as of the date of divorce, but every plan differs.

