Employee and Employer Contributions
The participant’s savings in a 401(k) plan usually come from both their own salary deferrals and from employer matching contributions. A QDRO can divide just the participant’s contributions, or include the match as well. But note: employer contributions may be subject to a vesting schedule—which means only part of them may truly “belong” to the employee if they haven’t been with the employer long enough.
Best practice: Include language in your QDRO clarifying that only vested amounts will be divided. If you don’t, disputes can arise when the alternate payee (the spouse receiving a share) tries to claim benefits that don’t actually exist.

