Employee and Employer Contributions
With most 401(k) plans, both the employee and employer make contributions. A QDRO can divide any and all amounts that are vested. However, employer contributions are often subject to a vesting schedule. That means that part of what’s in the account may not fully belong to the employee yet. In a QDRO, only vested amounts can be divided.
If your QDRO gives the alternate payee a lump sum or percentage of the account as of a set date, only the vested portion will be used in the calculation. This is why it’s important to determine the participant’s vesting status on the valuation date.

