1. Employee vs. Employer Contributions
This 401(k) profit sharing plan may include both employee salary deferrals and employer matching or profit-sharing contributions. In a QDRO, it’s essential to specify whether the division applies to:
- All account funds (vested and/or unvested)
- Only employee contributions
- Only vested employer contributions
Usually, unvested employer contributions are off the table—but if the participant becomes fully vested post-divorce while the QDRO is still pending, it’s possible to capture those funds. Timing matters.

