Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching contributions. In a QDRO, it’s important to determine if the division includes only the participant’s contributions, or if it also includes the employer’s contributions—and whether those are vested.
For example, the Balanced Life 401(k) may contain months or even years of employer matches that aren’t fully vested yet. Only vested balances as of the date of division are typically subject to division. Unvested portions may be forfeited.

