Employee and Employer Contributions
Most QDROs for 401(k) plans divide both employee and vested employer contributions. However, employee contributions are always considered fully owned, while employer contributions may not yet be vested.
It’s very important to specify in your QDRO whether the division includes just the vested account balance or anticipates future vesting. Many divorcing spouses assume they’re entitled to 50%, when in reality only a portion is subject to division under existing vesting rules.

