Employee vs. Employer Contributions
In many 401(k)s, like the Retirement Income Security Plan-future Community Services, Inc.., the account will contain both employee-contributed and employer-matched funds. Importantly, employer contributions are often subject to vesting schedules. That means only the vested portion of the employer match may be divided during divorce. The QDRO should carefully outline whether the alternate payee is only receiving vested portions as of the division date or a pro rata share as it continues to vest.

