Employee vs. Employer Contributions
In the Republic National 401(k) Plan, contributions generally include amounts put in by the employee as well as matches or profit-sharing contributions from the employer. In a divorce, only vested employer contributions are divisible. A QDRO should clearly state whether the division applies only to employee contributions, or to both employee and vested portions of employer contributions.
Unvested employer contributions are generally excluded unless the employee continues working and those funds later vest. Some QDROs include language allowing the alternate payee to receive the pro-rata share if unvested amounts become vested in the future—but this must be drafted very specifically.

