Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer contributions—often in the form of matching or profit-sharing. Your QDRO should clarify whether the alternate payee (typically the ex-spouse) will receive a portion of just the employee contributions, or a share of both employee and employer dollars accrued during the marriage.
Employer contributions in profit-sharing plans may have different vesting rules, and unvested portions may be forfeited by the time your QDRO is reviewed. Make sure your order only covers vested portions, or includes language allowing the award to adjust based on vesting status.

