Employee and Employer Contributions
401(k) accounts usually include both contributions made by the employee and any matching or profit-sharing contributions from the employer. When drafting a QDRO for this plan, those employer contributions become important—especially if they are not fully vested at the time of divorce.
Be sure your QDRO doesn’t award the alternate payee a portion of unvested employer contributions unless state law or your agreement says otherwise. Once a participant becomes fully vested, those funds can be allocated between the parties.

