Employee and Employer Contributions
Most 401(k) plans include both employee contributions (deferrals from paychecks) and employer contributions (such as matching or profit-sharing). A QDRO can divide both types of contributions, but you need to be careful. Some employer contributions may be subject to vesting schedules—meaning the employee may not have full ownership of those funds yet.
If the employee spouse isn’t fully vested, part of the employer contributions could be forfeited if they leave their job. Your QDRO should account for vested percentages and avoid trying to allocate unvested funds, unless you’re prepared for the consequences.

