Division of Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and matching employer contributions. The QDRO for the Metalcrafters, Transparencies & Composites, Inc.. 401(k) Savings Plan can divide both types of contributions—if they were earned during the marriage. However, attention must be paid to whether those employer contributions are vested.
If an employee is not 100% vested in the employer match, then only the vested portion is eligible to be divided in a QDRO. Anything unvested will eventually revert to the plan sponsor unless the participant becomes fully vested via continued employment or plan vesting rules.

