Employee and Employer Contributions
401(k) plans are often funded through both employee salary deferrals and employer contributions. The QDRO must specify which parts of the account are being divided. Employer match contributions may be subject to a vesting schedule that determines how much of the match actually belongs to the participant at a given time.
If contributions made during the marriage aren’t yet fully vested at the time of divorce, the order should make clear how those funds are to be handled—whether the alternate payee gets only vested funds or a share including non-vested amounts that later vest.

