1. Dividing Employee and Employer Contributions
This 401(k) likely includes both employee deferrals and employer profit-sharing contributions. In a QDRO, both types of contributions can be divided— but only if the participant is vested in the employer contributions. If any contributions are unvested, those may be forfeited if certain conditions aren’t met (like remaining employed for a specific duration).
The QDRO should clearly state whether both components are being divided or just the employee contributions, depending on the terms of your divorce.

