Employee vs. Employer Contributions
One of the first things you’ll need to clarify in the QDRO is whether the alternate payee is receiving a portion of just the participant’s contributions, or the total account balance—including employer matches. In many 401(k) plans, employer contributions are subject to vesting. If the participant isn’t fully vested at the time of the divorce, some of those funds may not be subject to division.
Be specific: The QDRO should state whether it includes or excludes employer contributions and whether those contributions must be vested to count.

