Employee and Employer Contribution Splits
Many 401(k) plans include both employee-funded contributions (through salary deferral) and employer contributions (like profit share or matching funds). It’s critical to understand how much of the employer contributions are actually “vested.”
If the employee hasn’t been with the company long enough, some—or all—of the employer-funded money may be “unvested,” meaning it could be forfeited if the employee leaves the company. Your QDRO should specify whether only vested funds are to be divided, and how to handle amounts that may or may not vest in the future.

