Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer contributions. It’s important to clarify whether your QDRO is dividing all types or just a portion. Employer contributions in 401(k) plans may be subject to a vesting schedule, which means the employee spouse may not be entitled to the entire balance at the time of divorce.
If the plan includes unvested employer contributions, the QDRO should include wording that addresses how those funds will be treated. They may forfeit over time, so some spouses choose to specify that only vested balances are divided.

