Employee and Employer Contributions
401(k) accounts often include both employee deferrals and employer profit-sharing contributions. These must be addressed separately in the QDRO. Some employer contributions are subject to a vesting schedule, which could impact how much a former spouse is entitled to receive.
For example, if the employer contributions are not yet fully vested, the alternate payee (spouse receiving benefits) may only receive a portion—or none—of those funds. Your QDRO should clearly define what portion of the vested balance the alternate payee is entitled to receive.

