Employee and Employer Contributions
401(k) plans commonly contain both employee contributions (your paycheck deferrals) and employer contributions (like matching dollars). Each type of contribution may be treated differently in a QDRO depending on the vesting rules and the agreement between divorcing spouses. The order should clearly distinguish who receives what share and from which types of contributions.
In most cases, only the vested portion of employer contributions will be available for division. If a portion of employer match is unvested at the time of separation or divorce, the alternate payee (usually the former spouse) won’t get those funds unless the employee vests in them later—and only if the QDRO says so. That’s why precise language matters.

