Employee vs. Employer Contributions
The QDRO must clarify whether only the employee’s contributions will be divided or if the employer’s matching and profit-sharing contributions are included. For the Vargo Solutions, Inc.. 401 (k) Profit Sharing Plan, which includes a profit-sharing component, this is especially important.
Employer contributions are often subject to a vesting schedule. This means that unvested employer contributions may not be available to divide. If your divorce agreement includes those contributions, but they are forfeited before division, the alternate payee (receiving spouse) may receive less than expected.

