Employee vs. Employer Contributions
Most 401(k) plans include both employee salary deferrals (money directly contributed from the worker’s paycheck) and employer contributions. A typical QDRO can assign a portion of the total account balance to the non-employee spouse—also known as the “alternate payee.”
However, it’s important to consider whether the alternate payee is receiving a share of just the vested portion, or the full balance. Employer contributions may be subject to a vesting schedule, and any unvested amounts could be forfeited if the employee isn’t fully vested at the time of the divorce.

