Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matches or profit-sharing contributions. The QDRO should clearly define what’s being divided. Are you dividing just the employee contributions, or the full account balance, including employer contributions?
Employer contributions may be subject to vesting. You cannot divide what’s not vested. That’s why reviewing the vesting schedule is essential. For example, if the participant is only 40% vested, only that portion of the employer funds may be distributed via QDRO.

