Employee vs. Employer Contributions
When dividing a 401(k), it’s important to distinguish between employee contributions (fully vested and funded with the participant’s own salary deferral) and employer contributions (often subject to vesting). Your QDRO must clarify which portions the alternate payee is entitled to.
For example, if the employee worked at the company for only a few years, a significant portion of the employer match may be unvested. That needs to be clearly addressed in the order: non-vested benefits usually remain with the participant unless optionally included.

