Employee vs. Employer Contributions
In 401(k) plans, the participant contributes a portion of their income, and the employer may make matching or discretionary contributions. During a divorce, it’s essential to decide how these are divided. Typically, the QDRO will apply to both types of contributions unless specified otherwise.
However, if only a portion of employer contributions are vested, unvested amounts may not be available to the alternate payee. The QDRO must clearly identify which contributions are subject to division.

