Employee and Employer Contributions
With 401(k) plans, both the employee and the employer usually make contributions. The QDRO can divide just the employee’s contributions, just the employer’s, or both, depending on what’s agreed in your divorce settlement. Some employer contributions may have vesting requirements, meaning they won’t fully belong to the participant right away.
If you’re the alternate payee (ex-spouse), it’s important to only ask for the vested portion of the retirement account. An experienced QDRO drafter can help clarify this up front and avoid problems during plan review.

