1. Employee and Employer Contributions
401(k) accounts usually consist of contributions from both the employee and the employer. A proper QDRO should clearly state whether the alternate payee is entitled to just the participant’s contributions, or also to matching/employer contributions that have vested.
Keep in mind that:
- Only vested employer contributions are generally eligible for division.
- If some employer contributions are unvested and later become vested, the order should state how to handle those funds—either include or exclude them.

