Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions (what the employee defers from their paycheck) and employer contributions (such as matching funds). The QDRO should specify whether the alternate payee is entitled to a share of both.
Often, employer contributions are subject to a vesting schedule. If those contributions are not fully vested at the time of divorce, the alternate payee may only be entitled to the vested portion—not an automatic 50/50 share.

