Employee vs. Employer Contributions
With 401(k) plans, participant accounts are often made up of both employee contributions (what the worker contributes from their paycheck) and employer contributions (company match or profit sharing). Your QDRO can include or exclude certain contribution types depending on your divorce terms.
Important Tip: Some employer contributions are subject to vesting. If the participant spouse isn’t fully vested, and they leave the company, unvested funds may be forfeited. A well-drafted QDRO should address whether the alternate payee is eligible to receive a pro rata share of future vesting or just the current vested balance.

