1. Employee vs. Employer Contributions
This 401(k) likely includes both employee deferrals and employer matching or profit-sharing contributions. In most QDROs, both sources can be divided—but only what is vested. Non-vested amounts are typically forfeited when a participant leaves employment or upon division, depending on the vesting schedule.
It’s important to find out if the participant is fully vested. Otherwise, the alternate payee might find their award shrinks if some employer contributions haven’t vested yet.

