Employee vs. Employer Contributions
Many 401(k) accounts are made up of both employee deferrals and employer contributions. These components can be treated differently in a divorce, especially because employer contributions may be subject to a vesting schedule. The QDRO must make clear what portion of the account the alternate payee receives, and whether it includes just the vested balance or also a share of unvested employer contributions, if applicable at the time of the divorce or distribution.

