Employee vs. Employer Contributions
A traditional 401(k) typically consists of both employee (participant) contributions and employer contributions. Through a QDRO, both types can be divided between the participant and alternate payee (usually the former spouse). However, employer contributions may be subject to a vesting schedule.
If you’re awarding a percentage of the account as part of the divorce, it’s smart to spell out that the division includes both vested and unvested portions as of the cutoff date. If unvested employer contributions later become vested, the alternate payee might be entitled to a share—if the QDRO is drafted appropriately.

