Employee and Employer Contributions
Most 401(k) account balances are made up of employee deferrals and employer matching or profit-sharing contributions. In a divorce, the QDRO needs to clearly state whether both types are being divided. Some employers have vesting schedules for their contributions, so if your spouse is not fully vested, a portion may be unallocated or even forfeited.
A well-drafted QDRO will distinguish between vested and unvested balances as of the valuation date. If written improperly, an alternate payee (the non-employee spouse) may lose out on their fair share due to forfeiture of unvested matching contributions.

