Employee vs. Employer Contributions
A 401(k) plan often includes both employee deferrals and employer contributions. It’s crucial to specify how both types are divided in your QDRO. The employee’s own contributions are generally 100% vested and available for division. But employer matching funds may be subject to a vesting schedule.
If you’re dividing a portion of the account, the QDRO needs to state whether that includes just the vested balance or also includes future vesting. Otherwise, the alternate payee might receive less than expected.

