Employee and Employer Contributions
This 401(k) may include two types of contributions: those made by the employee (your/their paycheck deductions), and those made by the employer (such as matching contributions). When dividing the account, it’s critical to specify in the QDRO whether the award applies only to the vested portion, or if the award includes potentially unvested employer contributions as well.
Many 401(k) plans follow a vesting schedule for employer contributions, and if the employee leaves before certain milestones, some of those funds might be forfeited. The QDRO should clearly signal whether the alternate payee is entitled only to vested balances or a portion of future vesting, if applicable.

