Employee and Employer Contributions
401(k) balances typically include two components: employee deferrals (your contributions) and employer matches or profit-sharing contributions. Only vested employer contributions are divisible under a QDRO. If some of that match is unvested at the time of divorce, the alternate payee may not be entitled to that amount depending on how the QDRO is worded.
If you’re unsure what’s vested, request a recent account statement or contact the plan directly. Be specific in your QDRO about whether the alternate payee is entitled to only vested funds or to future vesting.

