Employee and Employer Contributions
401(k) plans like the Lula 401(k) Plan have both employee elective deferrals and potentially employer contributions (such as matching). QDROs can divide just the employee contributions, both employee and employer contributions, or some other formula based on your divorce agreement or court order.
If the employer contributed matching or discretionary funds, those may be subject to a vesting schedule. That means the employee spouse may not be entitled to all of the employer contributions at the time of divorce. The QDRO can only divide vested employer funds. Any unvested portion will not be assigned to the alternate payee.

