Employee vs. Employer Contributions
In most 401(k)s, the participant contributes pre-tax dollars, and the employer may also make matching or profit-sharing contributions. The QDRO should clearly outline whether the alternate payee is entitled to a share of both employee and employer contributions.
You’ll also need to look at the plan’s vesting schedule. If the participant isn’t fully vested in employer contributions at the time of divorce, some of those funds may be forfeited. The order should reflect this possibility to manage expectations for both parties.

