Employee vs. Employer Contributions
Most 401(k) plans consist of two types of contributions: those made by the employee (participant) and those made by the employer. A QDRO can divide either or both types, but there’s a key issue: employer contributions may be subject to a vesting schedule.
If the participant isn’t fully vested at the time of divorce, some of those employer contributions may be forfeited later—and the alternate payee won’t receive them. That’s why it’s important that the QDRO defines precisely how the division should account for unvested amounts.

