Employee vs. Employer Contributions
A 401(k) plan typically includes contributions made by both the employee (participant) and the employer. Your QDRO should specify whether the division includes:
- Only employee contributions
- Both employee and employer contributions
- Only vested amounts (unvested amounts will likely revert to the plan if the participant leaves before vesting is complete)
Unvested employer contributions are not subject to payout unless the participant remains employed long enough to satisfy the vesting schedule, so be sure the QDRO accounts for that contingency.

