Employee vs. Employer Contributions
In most 401(k) plans, the account is funded by contributions from the employee and often matched—fully or partially—by the employer. Whether employer contributions are divisible will depend on the plan’s vesting schedule and whether the participant has met the service requirements to claim those funds. Unvested contributions typically revert back to the company if the employee leaves before vesting is complete.
When drafting your QDRO, it’s crucial to specify whether the former spouse is entitled only to the participant’s contributions or also to vested employer contributions. If the timing of the divorce and the vesting schedule collide, it could greatly affect what the alternate payee receives.

