1. Division of Contributions
401(k) plans like the Fever Labs 401(k) Plan usually include both employee deferrals and employer matching contributions. Your QDRO should specify whether the division includes:
- Only employee contributions
- Employee + vested employer contributions
- All contributions, including potentially unvested amounts (if they vest later)
If employer contributions aren’t fully vested at the time of division, they likely aren’t included in the alternate payee’s share—unless the QDRO language provides for post-divorce vesting to be considered.

