Employee vs. Employer Contributions
401(k) plans usually include two types of contributions: the employee’s own salary deferrals and the employer’s matching or discretionary contributions. In most QDROs, both are divisible—unless the employer contributions are not yet vested.
It’s critical to know how much of the employer money is vested at the time of divorce. If portions are unvested, those amounts may never become payable to the alternate payee (former spouse). A good QDRO will address what happens if funds are forfeited due to vesting conditions.

