Employee vs. Employer Contributions
A 401(k) typically includes both the employee’s contributions and any matching or profit-sharing contributions from the employer. In a divorce, the QDRO can include all or just part of the account as of the valuation date. However, employer contributions may be subject to a vesting schedule.
If the participant is not fully vested, the alternate payee may not be entitled to the unvested portion. A good QDRO should be clear about how to handle these amounts if they become vested later.

