Employee vs. Employer Contributions
Most 401(k) plans include both employee and employer contributions. A QDRO needs to define whether the alternate payee is entitled to just the employee’s contributions or to include the employer match. In many divorces, the employer contributions can be partially unvested—meaning the plan participant doesn’t yet own them. If these are included in the QDRO and become vested after the divorce, the alternate payee might still be entitled to them, but only if the order is properly worded.

