Employee vs. Employer Contributions
401(k) balances usually include both contributions the employee made (from their paycheck) and contributions made by the employer. In a QDRO, you can choose to divide the total vested balance or isolate only the employee contributions.
Employer contributions are often subject to a vesting schedule. This means the participant may not actually “own” 100% of those funds—especially if they haven’t worked there long. Only vested amounts can be divided through a QDRO. Be sure your order reflects this and doesn’t try to award funds that haven’t vested.

