1. Employee and Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer-matching contributions. A QDRO can divide both types, but only if the funds are vested. Unvested employer contributions usually cannot be allocated through a QDRO, though you can include language specifying that the Alternate Payee (the spouse receiving benefits) will receive all or part of any future vesting before a certain distribution date.

