Employee vs. Employer Contributions
401(k) plans often include both employee salary deferrals and employer contributions (match or profit-sharing). In this plan, it is likely both types are present. A QDRO must specify whether you’re dividing just the employee’s contributions or also including any employer match.
More importantly, employer contributions may be subject to a vesting schedule. Unvested amounts may be forfeited upon divorce. That’s why we always confirm current vested and unvested balances before drafting the QDRO.

